HomeMy WebLinkAboutNCGNE1679_Application_20240604 RECEIVED
JUN 0 4 2024
� US COMPLIANCE
May 23, 2024
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources
Stormwater Program
1612 MSC
Raleigh, NC 276 99-1 61 2
Re: No Exposure Certification for Exclusion from NPDES Stormwater Permitting
NYP, LLC
299 Osterneck-Robetex Drive
Lumberton, NC 38358
Brittany Cook:
Please find enclosed the completed No Exposure Certification for Exclusion from NPDES Stormwater
Permitting along with the check for the associated application fee for NYP, LLC located at the address
listed above to apply for coverage.
If you have any questions regarding this form, I can be reached at (952) 567-5624 or by email at
cforland@uscompliance.com. Please contact me at your convenience.
Sincerely,
Christine Forland
Senior Manager—Environmental
U.S. Compliance
CC: Don Yale—NYP, LLC
Enclosures
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Don Yale
Phone:877448-2247 •Cell:717-278-2559
Faa:910-7394539
Email:dyale®nyp�orp.com
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888-897-8681 520 Third Street, #100, Excelsior, MN 56331 1 uscompliance.com
FOR AGENCY USE ONLY Revised 10/6/2023
NCGNE 16 -11
Assign to: (i CbOV-
ARO R MRO RRO WARO 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 forthe 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,orwill be,exposed to precipitation,the facility is not eligible forthe 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).
NC DEQ Stormwater Program requires a one-time$250 application fee via check made payable to NC DEQ. There
is no annual fee once covered under a No Exposure Certification. 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://dea nc.gov/about/divisions/enerav-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 27699-1622. 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 5
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):
NYP, LLC Don Yale
Mailing address: City: State Zip Code
299 Osterneck-Robetex Drive Lumberton NC 28358
Telephone number: Email address:
910-739-4403 dyale@nyp-corp.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:
NYP, LLC Don Yale
Street address: Telephone number:
299 Osterneck-Robetex Drive 910-739-4403
Email address:
dyale@nyp-corp.com
City County State Zip Code
Lumberton Robeson NC 28358
Latitude of entrance: 34.607106
Longitude of entrance:-78.976535
Parcel Identification Number(PIN):
030171539900
Date operation began: Standard Industrial Classification(SIC)Code:
2/1/2023 2393
Brief description of the types of industrial activities and products produced at this facility:
Manufacturing various bags, burlaps, and baskets
3. Consultant (if applicable):
Name of consultant: Consulting firm:
Christine Foriand U.S. Compliance
Street address: City: State and zip code:
520 3rd Street#100 Excelsior MN 55331
Telephone number: 1 Email address:
952-567-5624 cfodand@uscompliance.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 ❑Yes ® No ❑ N/A
stormwater
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 ® No ❑ N/A
Material handling equipment(except adequately maintained vehicles) ❑Yes CK No ❑ N/A
Page 2 of 5
Materials or products during loading/unloading or transporting activities ❑Yes ® 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 X No ❑ N/A
and similar containers
Materials or products handled/stored on roads or railways owned or maintained by the discharger ❑Yes N No ❑ N/A
Final products that would be mobilized in stormwater discharges(e.g.,rock salt) ❑Yes W No ❑ N/A
Waste material(except waste in covered,non-leaking containers[e.g.,dumpsters]) ❑Yes 99 No ❑ N/A
Application or disposal of process wastewater(unless otherwise permitted) ❑Yes 29 No ❑ N/A
Particulate matter or visible deposits of residuals from roof stacks and/or vents not otherwise ❑Yes 29 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 ® No ❑ N/A
and stored upside down to prevent precipitation accumulation)
rForny eMerior ASTs,as welt as drums, barrels,tanks and similar containers stored outside, has ❑Yes ® No ❑ N/A
acility 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 IN Yes❑No ❑ N/A
evidence of leaks?
Is secondary containment provided for all exterior ASTs? If so, is it free of any cracks,holes,or N 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, W Yes❑No ❑ 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 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 I(9 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? N 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 KI No ❑ N/A
Does this facility store used,recycled,or otherwise reclaimed pallets outside? 'See Note below Q9 Yes ❑ No ❑ N/A
Does this facility have coal piles on site? ❑Yes 09 No ❑ N/A
Does this facility store other fuel sources outside in piles,such as wood chips,sawdust,etc.? ❑Yes X No ❑ N/A
Note: Pallets are reclaimed but in like-new condition. No potential pollutants.
Page 3 of 5
Does this facility have air emissions associated with industrial activity(e.g.,degreasing operations, X Yes ❑ No ❑ N/A
plating,painting,or metal finishing)?
If yes:
Describe the industrial activity: Natural gas-fired tenter-frame dryer, synthetic fabric
coating process, burlap treatment process
Are those emissions permitted by an Air Quality Permit? ®Yes ❑ No
Please specify:Air Permit No. 04554R11, Permit Class: Small, Facility ID#7800057
S. Other Facility Conditions(check all that apply and explain accordingly): None are applicable.
❑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)
❑ 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:
Type(s)of waste:
• How material is stored:
• Where material is stored:
• Number of waste shipments per year:
• Name of transport/disposal vendor:
• Transport/disposal vendor EPA ID:
• Vendor address:
❑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):
®Check for$250 made payable to NCDEQ
®Copy of most recent Annual Report to the NC Secretary of State(if applicable)
®This completed application and any supporting documentation
® Copy of county map or USGS quad sheet with the location of the facility clearly marked
Page 4 of 5
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:
® 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.
IN I have read and understand the eligibility requirements for claiming a condition of"no exposure"and obtaining an
exclusion from NPDES stormwater permitting.
® 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)).
A 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.
® I 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.
® The information submitted in this NOI 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: Don Yale
Title: V.P. of Operation
Signature of Applicant Da t Signe
Mail the entire package to: DEMLR—stormwater Program
Department of Environmental Quality
1612 Mail Service Center
Raleigh, NC 27699-1612
Page 5 of 5
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NORTH CAROLINA
e o Department of the Secretary of State
CERTIFICATE OF AUTHORIZATION
(Limited Liability Company)
I, ELAINE F. MARSHALL, Secretary of State of the State of North Carolina, do
hereby certify that
NYP, LLC
is a limited liability company formed under the laws of Delaware as NYP, LLC
and was authorized to transact business in the State of North Carolina by issuance of a
certificate of authority on 1st day of February, 2023.
I FURTHER certify that, as of the date of this certificate, (i) the said limited
liability company has not withdrawn from the State of North Carolina, (ii) the said
limited liability company's certificate of authority has not been suspended for failure to
comply with the Revenue Act of the State of North Carolina, (iii) that said limited
liability company is not administratively revoked for failure to comply with the
provisions of the North Carolina Limited Liability Company Act, (iv) that this office has
not filed any decree of judicial revocation, withdrawal, articles of merger, or articles of
conversion for said limited liability company.
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this I st day of March,2023.
Scan to verify online.
Certification# 115662994-I Reference# 19606518- Page: 1 of I Secretary of State
- Verify this-certificate online at https://www.sosnc.gov/verification
LIMITED LIABILITY COMPANY ANNUAL REPORT
--tfWzozz
NAME OF LIMITED LIABILITY COMPANY: NYP, LLC
Filing office Use Only
SECRETARY OF STATE ID NUMBER: 2565327 STATE OF FORMATION: DE E-Filed Annual Report
2565327
CA202415201162
REPORT FOR THE CALENDAR YEAR: 2024 5/31/2024 10:00
SECTION A: REGISTERED AGENT'S INFORMATION Changes
1. NAME OF REGISTERED AGENT: Corporation Service Company
2.SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3.REGISTERED AGENT OFFICE STREET ADDRESS&COUNTY 4.REGISTERED AGENT OFFICE MAILING ADDRESS
2626 Glenwood Ave Ste 550 2626 Glenwood Ave Ste 550
Raleigh,NC 27608 Wake County Raleigh,NC'27608
SECTION B:PRINCIPAL OFFICE INFORMATION
1.DESCRIPTION OF NATURE OF BUSINESS: Manufacture arms .Iar nrnuurary,agfl.Nrid and rorecuftnd suppfisa and� .w ryps m baga,Da Ii..Paperane burlap baays
2.PRINCIPAL OFFICE PHONE NUMBER: (908)351-6550 x114 3.PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5.PRINCIPAL OFFICE MAILING ADDRESS
299 Osterneck Drive 1640 Vauxhall Road Ste 2C
Lumberton,NC 28358 Union, NJ 07083
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:COMPANY OFFICIALS(Enter additional company officials in.Section E.)
NAME: Robert Dahl NAME: Nadlyn Jules NAME: Kimberly Crenshaw
TITLE: Chief Executive Officer TITLE: Controller TITLE: Chief Financial Officer
ADDRESS: ADDRESS: ADDRESS:
6504 Bryson Drive SW 218 W Gibbons Street 550 McKnight Road
OCEAN ISLE BEACH,NC 28469 Linden,NJ 07036 Smyrna,SC 29743
SECTION D:CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Nadlyn Jules 5/31/2024
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Nadlyn Jules Controller
Print or Type Name of Company Official Prot or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO:Secretary of State, Business Registration Division,Post Office Box 29525,Raleigh"NC 27626-0525
f Ll. w
Delaware Pagel
The First State
I, JEFFBEY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DEZARARE, DO HEREBY-CERTIFY "NYP, LLC" IS DULY FORMED UNDER TEE
LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND BAS A
LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF
THE TWENTY—SEVENTH DAY OF JANUARY, A.D. 2023.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE BEEN
ASSESSED TO DATE.
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7191891 8300 ` ° Authentication:202589516
SR#20130280111 '" Date:01-27-23
you may verify this certificate online at corp.delaware.gov/authver.shtml
Certification#C202303001407-1 Reference#C202303001407-Pace:4 of 4