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HomeMy WebLinkAboutNCGNE1589_Application_20230220Nc 61V6 159q ENSAFE creative thinkingcustom solutions. a> February 16, 2023 NCDEMLR Stormwater Program 1612 MSC Raleigh, North Carolina 27699-1612 Re: National Pollutant Discharge Elimination System, No Exposure Certification for Exclusion To whom it may concern: Please find the National Pollutant Discharge Elimination System, No Exposure Certification for Exclusion (NCGNE0000) for Cree LED in Attachment A. Operations will begin at the new Cree LED facility at 4001 NC HWY 54 Grid East, Suite 2000 in Durham, North Carolina on March 1, 2023. Attached is a copy of the most recent Annual Report to the North Carolina Secretary of State, Attachment B and a United States Geological Survey quad sheet with the location of the facility clearly marked, Attachment C. If you have any questions regarding this submission, please reach out to the facility contact, Daniel Allen, at 919-407-6709 or Daniel.allen@cree-led.com, or me, Stephanie Sprock at 901-937-4213 or ssprock@ensafe.com Sincerely, EnSafe Inc. By'.Stephanie rock Environmental Scientist Attachments: Attachment A NCGNE0000 Application Attachment B Annual Report to the NC Secretary of State Attachment C USGS Quad Sheet ENGINEERING I ENVIRONMENTAL I HEALTH & SAFETY I TECHNOLOGY 5724 Summer Trees Drive I Memphis, Tennessee 38134 1 P 901- 372-7962 1 F 901-372-2454 1 www.ensafe.com Attachment A NCGNE0000 Application FOR AGE CY USE ONLY NCGNE�'6� Assigned to: S. C6-o ARO FRO MRO RRO WARD WIRO WSRO Division of Energy, Mineral, and Land Resources National Pollutant Discharge Elimination System No Exposure Certification for Exclusion NCGNE0000 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. Industrial materials or activities include, but are not limited to: • material handling equipment or activities, • by-products, • industrial machinery, • final products, or • raw materials, • waste products. • intermediate 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 industrial materials stored in the following container types, provided the containers are not deteriorated and do not leak: • drums, • tanks, and • barrels, • similar containers. For new facilities, applicants should apply no earlier than 60 days before the start of operation. This will allow DEMLR staff to verify conditions during active operation. For facilities that already have an industrial stormwater permit 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. A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. Additionally, 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). For new facilities, applicants should not apply more than 60 days before the start of operation date. This If approved, your conditional No Exposure Certification has no expiration date but must be self -recertified at least annually. Please look for information about recertification under the No Exposure section on this page: https://deg.nc.gov/about/divisions/energy-mineral-land-resources/npdes-no-exposure. Directions: Print or type all entries on this application form. Send the original, signed application to: NCDEMLR Stormwater Program, 1612 MSC, Raleigh, NC 27699-1612. The submission of this form does not guarantee exclusion from NPDES stormwater permitting. Prior to exclusion from NPDES stormwater permitting a site inspection will be conducted. Page 1 of 6 1. Owner/Operator (to whom all permit correspondence will be mailed): Name of legal organizational entity: Legally responsible person (as signed in Item 7 below): Cree LED Daniel Allen Street address: City: State Zip Code 4001 NC HWY 54Grid East, Suite 2000 Durham NC 27709 Telephone number: Email address: 919-407-6709 daniel.allen@cree-led.com Type of Ownership: Government ❑ County ❑ Federal ❑ Municipal ❑ State Non -government [$ Business (If ownership is business, a copy of NCSOS report must be included with this application) ❑ Individual 2. Industrial Facility (facility requesting exclusion): Facility name: Facility environmental contact: Cree LED Daniel Allen Street address: Telephone number: 4001 NC HWY 54 919-407-6709 Email address: daniel.allen@cree-led.com City County State Zip Code Durham Durham NC 27709 Latitude of entrance: 35.8901357 Longitude of entrance:-78.8528490 Parcel Identification Number (PIN): 0747-38-32-2460 Date operation began: Standard Industrial Classification (SIC) Code: 03/01/2023 3674 Brief description of the types of industrial activities and products produced at this facility: Research, development, and testing of optoelectric devices (LED lighting). 3. Consultant (if applicable): Name of consultant: Consulting firm: Stephanie Sprock EnSafe Street address: City: State and zip code: 5724 Summer Trees Drive Memphis TN 38134 Telephone number: Email address: 901-937-4213 1 ssprock@ensafe.com 4. Exposure Checklists Are any of the following materials or activities exposed to precipitation, now or in the foreseeable future? If you answer "Yes" to any of these items, you are not eligible for the no exposure exclusion. Using, storing, or cleaning industrial machinery or equipment, and areas where residuals from using, storing, or cleaning industrial machinery or equipment remain and are exposed to stormwater ❑ Yes ® No ❑ N/A Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes ® No ❑ N/A Materials or products from past industrial activity ❑ Yes W No ❑ N/A Material handling equipment (except adequately maintained vehicles) ❑ Yes ® No ❑ N/A Page 3 of 6 Materials or products during loading/unloading or transporting activities ❑ Yes ZI No ❑ N/A Materials or products stored outdoors (except final products intended for outside use [e.g., new ❑ Yes ® No ❑ N/A cars] where exposure to stormwater does not result in the discharge of pollutants) Materials contained in open, deteriorated, non -sealed', or leaking storage drums barrels, tanks, ❑ Yes ® No ❑ N/A and similar containers Materials or products handled/stored on roads or railways owned or maintained by the discharger ❑ Yes ® No ❑ N/A Final products that would be mobilized in stormwater discharges (e.g., rock salt) ❑ Yes ® No ❑ N/A Waste material (except waste in covered, non -leaking containers [e.g., dumpsters]) ❑ Yes ® No ❑ N/A Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes ® No ❑ N/A Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise ❑ Yes IN No ❑ N/A regulated (i.e. under an air quality control permit) and evident in the stormwater outflow Empty containers that previously contained materials that are not properly stored (i.e., not closed ❑ Yes M No ❑ N/A and stored upside down to prevent precipitation accumulation) For any exterior ASTs, as well as drums, barrels, tanks and similar containers stored outside, has ❑ Yes IN No ❑ N/A the facility had any releases in the past three (3) years? 'Sealed means banded or otherwise secured and with locked or non -operational taps or valves. Above Ground Storage Tanks (ASTs) and Secondary Containment If you answer "No" to any of the following items, you are not eligible for the no exposure exclusion. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or deterioration, or p Yes O No ® N/A evidence of leaks? Is secondary containment provided for all exterior ASTs? If so, is it free of any cracks, holes, or ❑ Yes ❑ No ® N/A evidence of leaks, and are drain valves maintained locked shut? Is secondary containment provided for single above ground storage containers (including drums, ❑ Yes ❑ No IX N/A barrels, etc.) with a capacity of more than 660-gallons? Is secondary containment provided for above ground storage containers stored in close proximity p Yes ❑ No ® N/A to each other with a combined capacity of more than 1,320 gallons? Is secondary containment provided for Title III Section 313 Superfund Amendments and ❑ Yes ❑ No ® N/A Reauthorization Act (SARA) water priority chemicals? Is secondary containment provided for hazardous substances designated in 40 CFR §116? ❑ Yes ❑ No ® N/A Are release valves on all secondary containment structures locked? ❑ Yes ❑ No ® N/A 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. Are vehicles used in material handling in disrepair and/or leaking fluid? ❑ Yes ❑ No ® N/A Does this facility store used, recycled, or otherwise reclaimed pallets outside? ❑ Yes ® No ❑ N/A Does this facility have coal piles on site? ❑ Yes ® No ❑ N/A Does this facility store other fuel sources outside in piles, such as wood chips, sawdust, etc.? ❑ Yes ® No ❑ N/A Page 4 of 6 Does this facility have air emissions associated with industrial activity (e.g., degreasing operations, IN Yes ❑ No ❑ N/A plating, painting, or metal finishing)? If yes: Describe the industrial activity: Fume hood, nitrogen line purging, forming gas used in ovens and electric ovens. Are those emissions permitted by an Air Quality Permit? ❑ Yes ® No Please specify: Section 15A NCAC 02Q.0102 Exemption: (g)(3)(A), (g)(3)(B) 5. Other Facility Conditions (check all that apply and explain accordingly): ❑ This facility has other NPDES permits. If checked, list the permit numbers for all current NPDES permits: ❑ This facility has Non -Discharge permits (e.g. recycle permit). If checked, list the permit numbers for all current Non -Discharge permits: ❑ This facility stores hazardous waste in the 100-year floodplain. If checked, describe how the area is protected from flooding: ❑ This facility is a (mark all that apply) IN Hazardous Waste Generation Facility ❑ Hazardous Waste Treatment Facility ❑ Hazardous Waste Storage Facility ❑ Hazardous Waste Disposal Facility If checked, indicate: • Kilograms of waste generated each month: average of 1,300 kg/month • Type(s) of waste: Solvent waste; nitric acid, barium fluoride and water; epoxy resins and hardeners; aerosols • How material is stored: Drums • Where material is stored: Central Accumulation Area (inside facility) • Number of waste shipments per year: 30 • Name of transport/disposal vendor: Clean Harbors Environmental Services, Inc. • Transport/disposal vendor EPA ID: MAD039322250 • Vendor address: 42 Longwater Dr., Norwell, MA ❑ This facility is located on a Brownfield or SUPERFUND site. If checked, briefly describe the site conditions: ❑ This facility is located on Native American Lands. 6. Required Items (Application will be returned unless all of the following items have been included): ® Copy of most recent Annual Report to the NC Secretary of State (if applicable) ® This completed application and any supporting documentation IN Copy of county map or USGS quad sheet with the location of the facility clearly marked Page 5 of 6 7. Applicant Certification North Carolina General Statute 143-215.613 (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 ... shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed ten thousand dollars ($10,000). 1 hereby request exclusion from NPDES stormwater permitting. Under penalty of law, I certify that: f% I am the person responsible for the industrial activity, for satisfying the requirements of this exclusion, and for any civil or criminal penalties incurred due to violations of this exclusion. ml I have read and understand the eligibility requirements for claiming a condition of "no exposure' and obtaining an exclusion from NPDES stormwater permitting. IN 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)). IS I 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 applicable, 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 recertifications on file at the facility. ® 1 understand that in the event that the site no longer qualifies for a No Exposure Exclusion that I must obtain coverage under an NPDES permit prior to any point source discharge of stormwater from the facility. IN The information submitted in this N01 is, to the best of my knowledge and belief, true, accurate, and complete based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. Printed Name of Person Signing: Daniel Allen Title: Environmental Health & Safety Engineer Daniel Allen Pa4t,4¢e4#Ajy Signature of Applicant 2/14/2023 Date Signed Mail the entire package to: DEMLR—Stormwater Program Department of Environmental Quality 1612 Mail Service Center Raleigh, NC 27699-1612 Page 6 of 6 Attachment B Annual Report to the NC Secretary of State �.. BUSINESS CORPORATION ANNUAL REPORT NAME OF.BUSINESS CORPORATION: CreeLED, Inc. SECRETARY OF STATE ID NUMBER: 2239403STATE OF. FORMATION: DE REPORT FOR THE FISCAL YEAR END: 12/31 /2022 SECTION A. REGISTERED AGENTS INFORMATION runt wim uan wry E - Filed Annual Report 2239403 CA202230800410 11141202210:45 " 1. NAME OF REGISTERED AGENT: CT Corporation System 2. SIGNATURE OF THE NEW REGISTERED AGENT: SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT .3. REGISTERED AGENT OFFICE STREETADDRESIS 8 COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 160 Mine Lake. Ct Ste 200 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Wake County Raleigh, NC 27615 SECTION B: 1.DESCRIPTION OF NATURE OF BUSINESS: COmmercial:Lighting Manufacturing 2. PRINCIPAL OFFICE PHONE NUMBER: (877) 858-3855: 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction "- 4. PRINCIPAL OFFICE STREET ADDRESS - 5.,PRINCIPAL.OFFICE.MAILING ADDRESS 39870 Eureka Drive 39870 Eureka Drive Newark, CA 94560 Newark, CA 94560 6. Select one of the following If applicable. (Optional see Instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business , SECTION C: OFFICERS (Enter additional officers in Section E.) - NAME: Claude Demby NAME: Anne KUykendall NAME: Mark Adarns TITLE: President TITLE: vice President TITLE: Chief Executive Officer ADDRESS: ADDRESS: ADDRESS: 39870 Eureka Drive 39870Eureka Drive 39870 Eureka, Dr newark, CA 94560 newark, CA 94560 Newark, CA 94560-4809 SECTION D: CERTIFICATION OF ANNUAL REPORT, Section D must be completed in its entirety by a person/business entit�r. - Claude Demby 11/4/2022 .. SIGNATURE - DATE" form must he signed by an officer lusted under Section C of this form. Claude Demby President Print or Type Name of Office[ Prim or Type Title of.Offimr" This Annual Report has been filed electronically. MAIL TO:. Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NO 27626-0525 BUSINESS CORPORATION. ANNUAL REPORT a. vsrzou NAME OF BUSINESS CORPORATION: CreeLED, Inc. SECRETARY OF STATE ID NUMBER: 2239403 STATE OF FORMATION: DE REPORT FOR THE FISCAL YEAR END: 12/31/2022 SECTION A: REGISTERED AGENTS INFORMATION' 1. NAME OF REGISTERED AGENT: CT Corporation System 2. SIGNATURE OF THE NEW REGISTERED AGENT: E - Filed Annual Report 2239403 CA202303902542 218/2023 02:18 QX changes CONSENT TO THE APPOINTMENT 3. REGISTERED AGENT OFFICE STREET ADDRESS 8 COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 Raleigh, NC 27615 Wake County Raleigh, NC 27615 SECTION B: 1. DESCRIPTION OF NATURE OF BUSINESS: Commercial Lighting Manufacturing 2. PRINCIPAL OFFICE PHONE NUMBER: (877) 858-3855 3. PRINCIPAL OFFICE EMAIL: Privacy Redaction 4. PRINCIPAL OFFICE STREET ADDRESS 39870 Eureka Drive Newark, CA 94560 5.PRINCIPAL OFFICE MAILING ADDRESS 39870 Eureka Drive Newark, CA 94560 6. Select one of the following If applicable. (Optional see Instructions) ❑ The company is a veteran -owned small business ❑ The company is a service -disabled veteran -owned small business SECTION C: OFFICERS (Enter additional officers in Section E.) NAME: Claude Demby NAME: Anne Kuykendall NAME: Anne Kuykendall TITLE: President ADDRESS: TITLE: Vice President ADDRESS: TITLE: Secretary ADDRESS: 39870 Eureka Drive 39870 Eureka Drive 39870 Eureka Drive newark, CA 94560 newark, CA 94560 Newark, CA 94560 SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a persontbusiness enb8aude Demby 2/8/2023 SIGNATURE DATE Farm must be signed by an officer listed under Section C of this form. Claude Demby President Print or Type Name of Officer Print or Type Title of Officer This Annual Report has been filed electronically. MAIL TO; Secretary of Stale, Business Registration Division, Post Office Box 29526. Raleigh, NO 27626-0525 Attachment C USGS Quad Sheet 147 - l• " ^ - / s l FL'1'f t-32 p0 4` ?S J P4RKF/ 1n� JAr CNIN PAGE RD r a _ J JESSIP ST - SUBJECT PROPERTY 7 C d N leon o �F~u aAEaD '*vI CREEKSTDNrE r 111 1) •_ RATER CIO '+ _ EMPE11 ROR BLYD } / MRWKHOLL-OR D VR1ZAY71 b \._ S2ATER RD 4�/ DURHAM 147. WA&$CO Cgg s s FIGURE 1 J}\ o SITE LOCATION MAP CREE LED 4001 NC-54 GRID EAST, SUITE 2000 DURHAM, NC 27709 1 1987 REQUESTED BY: SS SAFE ¢ urM T00 DRAWN BY: KMB �y B® DATE: 2/16/2023 e�me vmaog. Custom mwnoa.. SCALE IN FEET PROJECT: 0888831898 Roo.SEaJg5z�wwwen:ate<or„ Ww us. �m wrvcv.Orv. Gene lertl. wutMu[ P m aN � mNm Oualr , M SM rwot. � M19. 12e.M. 7s!§nite Snie