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HomeMy WebLinkAboutNCGNE1325_COMPLETE FILE - HISTORICAL_20190215STORMWATER DIVISION CODING SHEET NCG PERMITS PERMIT NO. NCGNE DOC TYPE HISTORICAL FILE DOC DATE ❑ :),Ol � �701�S' YYYYMMDD Name - Page Count Creation Date ' Last Modified ' Template Name .................................................. ................. ..... ........................ _._... ............................................. ..................... NCGNEl325_Application_Delhaize_20190212 ..................... ......................--- ........... 10 ....................................................... 2/12/2019 12:58 PM ............. ..........:.................................. 2/12/2019 1;00 PM ......... WQ Permitting I'll ......... ............. .......................... ......................................................_............................................................................... NCGNE1325_Approval Ltr Delhaize America DC9_20190214 ........................... .......................................................................................... 4 ............ 2/15/201910:47 AM ............................... .......................................................... 2115/201910:47 AM ....-......................... WQ Permitting ® NCGNE1325_Email Request for Comments _20190212 1 2112/20191:05 PM 2/12/20191.06 PM WQ Permitting ® NCGNE1325_Ltr returning NCG060000 app_20190214 9 2/14/201911:21 AM 2/14/201911:38 AM WQ Permitting ® Staff Review Form 2/12/2019 1:00:08 PM 2 2/12/20191:04 PM 2/12/20191:04 PM WQ Permitting i McCoy, Suzanne From: Sullivan, Sean M. <Sean.Sullivan@troutman.com> Sent: Friday, December 14, 2018 1:10 PM To: Lucas, Annette Cc: Morman, Alaina; McCoy, Suzanne Subject: RE: [External] FW: 2018-12-04 Delhaize America LLC - Notice of Intent and Certification of No Exposure Follow Up Flag: Follow up Flag Status: Completed 0 ternal email Do not click links'or open attac�iments'un e�ss� V66 ied�SeWall�suspicious email asfan:attachment to .. ., Excellent. Again, my apologies for creating the inconvenience! Sean M. Sullivan troutman sanders Direct: 919.835.4173 1 Mobile: 919.268.0703 1 Internal: 14-4173 sean.sullivan@troutman.com From: Lucas, Annette <annette.lucas@ncdenr.gov> Sent: Friday, December 14, 2018 1:08 PM To: Sullivan, Sean M. <Sean.Sullivan@troutman.com> Cc: Morman, Alaina <alaina.morman@ncdenr.gov>; McCoy, Suzanne <suzanne.mccoy@ncdenr.gov> Subject: Re: [External] FW: 2018-12-04 Delhaize America LLC - Notice of Intent and Certification of No Exposure Sean. I am happy to say that I received your hard copy submittal from Linda, just wanted to let you know. Annette From: Sullivan, Sean M. <Sean.Sullivan@troutman.com> Sent: Friday, December 14, 2018 12:07:08 PM To: Lucas, Annette Cc: Morman, Alaina; McCoy, Suzanne Subject: RE: [External] FW: 2018-12-04 Delhaize America LLC - Notice of Intent and Certification of No Exposure 1 4 L Thanks, Annette. I have a message in to Linda Culpepper now and will report back regarding the original's fate. Sorry for the confusion on my part. i Know that Delhaize reviewed the requirements for a no exposure certification carefully and felt comfortable that they met the substantive requirements, but I'll take another look now and let you know if I see any issues. Best regards, Sean M. Sullivan troutman sanders Direct: 919.835.4173 1 Mobile: 919.268.0703 ( Internal: 14-4173 sean.sullivan(a-)troutman.com From: Lucas, Annette <annette.lucas ncdenr. ov> Sent: Friday, December 14, 2018 12:04 PM To: Sullivan, Sean M. <Sean.Sullivan@troutman.com> Cc: Morman, Alaina <alaina.morman@ncdenr.gav>; McCoy, Suzanne <suzanne.mccoy@ncdenr.gov> Subject: Re: [External] FW: 2018-12-04 Delhaize America LLC - Notice of Intent and Certification of No Exposure Sean, Please check out our No Exposure Certification web site to be certain that you all meet the criteria for that. lrttps:l/cleq.nc. ov!about/divisions/energv_niineral-..land-resources/npdes-rto-ex . osure NC DEQ: NPDES Stormwater No Exposure Certification deq.nc.gov Facilities with stormwater discharges associated with industrial activity may be excluded from permit coverage if industrial materials and operations are not exposed to stormwater. The no exposure exemption is not available for construction activities covered under the NPDES stormwater program. These are the steps to apply for a No Exposure Certification, Also, Alaina Morman (copied above) will be your point of contact in case you have further questions, 1 can be difficult to reach. If you decide to send another application, you can send it to me at the address in my signature. Thanks, Annette Annette Lucas, PE Stormwater Program Supervisor Division of Energy, Mineral and Land Resources Department of Environmental Quality 919 707-3639 office annette,lucas cx.ncdenr.gov httpsa/deg,nc.gov/sw-bmp-manual 512 N. Salisbury Street, Office 942-X, Raleigh, NC 27604 1612 Mail Service Center, Raleigh, NC 27699-1612 Email correspondence to and from this address is subject to they North Carolina Public Records Law and may be disclosed to thirst parties. Before printing this email, please consider your budget and the environment. 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. From: Sullivan, Sean M. <Sean.Sullivan@troutman.com> Sent: Friday, December 14, 2018 11:47:05 AM To: Lucas, Annette Subject: [External] FW: 2018-12-04 Delhaize America LLC - Notice of Intent and Certification of No Exposure Annette, As per our discussion. Sean M. Sullivan troutman sanders Direct: 919.835.4173 1 Mobile: 919.268.0703 1 Internal: 14-4173 sean.sullivan&troutman.com This e-mail message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments)'is strictly prohibited. This e-mail message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments) is strictly prohibited. This e-mail message (and any attachments) from Troutman Sanders LLP may contain legally privileged and confidential information solely for the use of the intended recipient. If you received this message in error, please delete the message and notify the sender. Any unauthorized reading, distribution, copying, or other use of this message (and attachments) is strictly prohibited. " C,.+,S J--�7,25 f-nvrrr:,r�rfa�rsra� FOR AGENCY USE ONLY Date Received Year h1nnth Day 117-1 Certificate ofC'u.riage t=t Z5 V ✓RECEIVED L-P 04 say t72- National Pollutant Discharge Elimination System application for exclusion from zCIEWA.W"WrIffift based on NO EXPOSURE: STORMWATER PERMITTING Division of Energy, IN'Iineral and Land Resources Land Quality Section National Pollutant Discharge Elimination System NO EXPOSURE CERTIFICATION for Exclusion NCGNEOOOO rjcr 12 2018 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. 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 annuah . Please look for information about re -certification under the No Exposure section on this page: https /idfg.nc.g v/about/divisionsle_n_erg -mineral-land-resources/enerav-mineraHand-�ermits/storm water- permits-intri lnpdesdusal-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 Deihaize America Distribution, LLC Contact Street Address City Telephone No. Donald Malihan 1703 East D Street Butner (919) 575-5200 Page I of 7 State NC Fax: ZIP Code 27509 SUVI I-Nrr,NF I nit ravicar1 cioR17f11Fs NCGNE0000 No Exposure Certification 2) Location of facility producing discharge: Facility Name Delhaize Food Lion DC 9 Facility Contact Mike Evans, Facilities Manager; Donald Molihan, General Manager Street Address 1703 East D Street City Butner County Granville Telephone No. 434 546-0534 3) Physical location information: State NC ZIP Code �7509 Fax: 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), FromNrtiam, NC --a 1-85. Follow 1-85 N to NC-56 w OutCboi e. Take exi1191 Iron, 1.05 N. Turn left onto NC-56 VV. Turn right onto S. 33rd St. Turn right at the 1st cross street onto E D St. Continue on East 6 S7. Visitors entrance is 2nd OC entrance on left (A copy of a map with the facility clearly located on it should be included with the certification application.) 4) Is the facility located on Native American Lail Yes © No 5) Is this a Federal facility? © Yes 0 No 6) Latitude 36' 9'25.48"N Longitude 78*43'52.84"w (deg., min., seconds) 7) This NPDES No Exposure Exclusion application applies to which of the following: E3 New or Proposed Facility G Existing Date operation is to begin Date operation began 1996 © Renewal of existing No Exposure Certification Certification No.: NCGNE 8) Was this facility or site ever covered under an NPDES Stormwater Permit? © Yes ® No If yes, what is the NPDES Permit Number? 9) Standard Industrial Classification: Provide the 4-digit Standard Industrial Classificafion Code (SIC Code) that describes the primary industrial activity at this facility SIC Code: 4 2 2 2 10) Provide a brief description of the types of industrial activities and products produced at this facility Refrigerated Warehousing and storage, truck transportation. iiaht maintenance of trucks & trailers. Droduct return center: warehousina of aeneral merchandise and groceries. 11) Does this facility have any Non -Discharge permits (ex: recycle permits)? In No 0 Yes If yes, list the permit numbers for all current Non -Discharge permits for this facility: Page 2 of 7 SWl I_Nr1C;NEF i act ravicarl PoRygnir 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 0 Yes In No p N/A residuals from using, staring 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 p Yes © No © N/A c. Materials or products from past industrial activity 0 Yes p No 0 N/A d. Material handling equipment (except adequately maintained vehicles) © Yes © No 0 NIA e. Materials or products during loadinglun loading or transporting activities © Yes © No ri NIA f. Materials or products stored outdoors (except final products intended for outside D Yes © No 0 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, ❑ Yes © No €3 NIA tanks, and similar containers h. Materials or products handled/stored on roads or railways owned or maintained 0 Yes 0 No ® NIA by the discharger i. Waste material (except waste in covered, non -leaking containers [e.g., © Yes 15 No 0 NIA dumpsters]) j. Application or disposal of process wastewater (unless otherwise permitted) 0 Yes © No ❑ NIA k. Particulate matter or visible deposits of residuals from roof stacks and/or vents ❑ Yes Ca No 0 NIA not 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? ------- .__.._______ *12.m. See attached 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 (9 Yes ©No 0 NIA deterioration, or evidence of leaks? b. Is secondary containment provided for all exterior ASTs? If so, is it free of any ® Yes ❑ No ❑ NIA cracks, holes, or evidence of leaks, and are drain valves maintained locked shut? 14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. Page 3 of 7 CWI I-Nr.r;NF 1 act rpwigM cioRign1R NCGNE0000 No Exposure Certification a. Is secondary containment provided for single above ground storage containers ED Yes © No 0 NIA (including drums, barrels, etc.) with a capacity of more than 660-galions? b. Is secondary containment provided for above ground storage containers stored © Yes d No ❑ NIA in close proximity to each other with a combined capacity of more than 1,320- gallons? c. Is secondary containment provided for Title III Section 313 Superfund © Yes in No 13 NIA Amendments and Reauthorization Act (SARA) water priority chemicals*? d. Is secondary containment provided for hazardous substances** designated in p Yes p No 0 NIA 40 CFR §116? e. Are release valves on all secondary containment structures locked? El Yes in No ❑ NIA 15) Hazardous Waste: a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes Q No ❑ NIA b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous ❑ Yes (7 No © NIA waste generated per month) of hazardous waste? c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste (M Yes O No D N/A generated per month) of hazardous waste? If you answered yes to questions b. or c., please provide the following information: Type(s) of waste: Unsaleanle consumer products: small amounts of spilled, excess or unusable maintenance & janiturial chemicals. vendor: How fs material stored: Indoors, in 55-gallon poly drums, Where Is material stored: In main Warehouse and in Product Return Centur How many disposal shipments per year; 100 Name of transport 1 disposal stericycle Specially Waste Solutions, Inc, Vendor address: 26161 N. Keith Drive, Lake Forest, IL 60045 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, andlor other qualifiers, as described in the exemptions from reporting requirements of Title [II SARA 313 in 40 CFR §372.38, **Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require secondary containment. However, some exceptions may be made for amounts less than the Reportable Quantities of the hazardous substances listed in 40 CFR §117.3. 16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the no exposure exclusion. A more in-depth evaluation of the site circumstances may be required. Page 4 of 7 CWI I-NC(;NF I act rP\riCad Q19R19r11R NCGNE0000 No Exposure Certification a. Does your facility store used, recycled, or otherwise reclaimed pallets outside? © Yes EI No ❑ NIA b. Does your facility have coal piles on site? []Yes © No 0 N/A c. Does your facility store other fuel sources outside in piles, such as wood chips, © Yes o No ❑ NIA sawdust, etc.? d. Does your facility have air emissions associated with its industrial activity (e.g., ❑ Yes 0 No 17 NIA degreasing operations, plating, painting and metal finishing)? If so, describe the industrial activity: Exempt stationary diesel engines For emergency generators and fire pump e. If you answered yes to d., are those emissions permitted by an Air Quality ❑ Yes 51 No 0 NIA Permit? Please specify: f. Please list any other environmental program permits (federal, state, etc.) not specified earlier in this application (such as Hazardous Waste Permits, etc.): Permit: NC OIL TERMINAL FACILITY REGISTRATION Program: Registration for ASTs Permit: NCR000166918 Program: RCRA EPA Generator ID Permit: Program: Permit: Program: Permit: Program: Permit: Program: Permit: Program: Page 5 of 7 "M I-Nr.r;NF I act raviear g19917 16 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 maintain no exposure conditions and complete a Self -Decertification 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: Donald Molihan P T= C F MINE r) Title: General Manager a DENR.LAND O-]f UT`( (Signature of Applicant) (Date Signed) STORMWATER P RivlITTING 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 ten thousand dollars ($10,000). There is currently no fee fora No Exposure Exclusion. Page 6 of 7 SWI I-Nr:r�NF I ad rairicwrt 919R19n1R NCGNE0000 No Exposure Certification Final Checklist This application should include the following items: ❑ This completed application and all supporting documentation. ❑ A map with the location of the facility clearly marked. ❑ If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8. Mail the entire package to: DEMLR - Stormwater Program Dept. of Environmental Quality 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) 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 f-NC r NP aet r.+,icpd 917Al701R ATTACHMENT to NO EXPOSURE CERTIFICATION for Exclusion Response to Question 12.m., "For any exterior ASTs, as well as drums, barrels, tanks, and similar containers stored outside, has the facility had any releases in the past three (3) years?" The facility has records of the following spills: Date of Product Spilled Volume Description of Incident Corrective Action Incident 10/16/2017 Waste Oil 5 to 10 gal. Waste Oil AST overfilled due to alarm failure. Cleaned oil with sorbent; Spill was contained on pavement. upgraded/replaced tank, piping and all ancillary equipment. 11/29/2017 Diesel Fuel — 5 gallons An outside carrier failed to connect his trailer HazMat contractor responded & cleaned properly. Upon moving his rig, the trailer slid off up and some diesel spilled on to the pavement 2/19/2018 Oil 3 quarts Reefer unit on trailer leaked oil on to pavement Cleaned oil with sorbent at dock door 3/29/2018 Diesel 50 to 60 gal. Fuel delivery transporter was filling the two Sorbent and contaminated soil were 12,000-gai diesel ASTs, and the hose from the drummed and disposed by Noble Oil. tanker going into the fill port came loose. 50 to 60 gallons of fuel spilled on to the parking lot and some on to soil. Contained before it entered the storm drain. 8/2/2018 Antifreeze and 25 gal. An outside carrier's tractor collided its front end Cleaned with sorbent. power steering into another vehicle. Radiator and power fluid steering systems were damaged and leaked on to pavement. 14� � "� .. p "W " " " - - - - . ''� 7 _ I. 'I. . t. - �' --- � ' " I % 1A -its R W, My- N A t . _A1 WK .�rru_ loA 3'�' t I 4-fa 7 gf PCs, —Wo .0.0 Y wim M"T ONO WK .51 �.I. 4N k. gow. 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