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HomeMy WebLinkAboutNCC215038_ESC Approval Submitted_20210908ROY COOPER Governor DIONNE DELLI-GATTI nnri . Secretary BR14N VMNN NORTH CAROLINA Director Environmental Quality May 7, 2021 LETTER OF APPROVAL City of Charlotte - Charlotte Water Attention: Carl Wilson 5100 Brookshire Boulevard Charlotte, North Carolina 28216 RE: Project: Little Hope Creek Sanitary Sewer Improvements Acres Approved: 13.0 Project ID: MECKL-2021-063 County: Mecklenburg City: Charlotte Address: Little Hope Creek River Basin: Catawba Stream Classification: Other Submitted By: City of Charlotte - Charlotte Water Date Received by LQS: April 29, 2021 - Plan Type: Revised Dear Mr. Wilson: This office has reviewed the subject erosion and sedimentation control plan. We find the ,plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity has been undertaken, as is required by Title 15A NCAC 4B .0129. As of March 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a, Certificate of Coverage (COC) under the NCG010000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGO1 permit. However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office in Raleigh. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Avenue,Suite 301 1 Mooresville, North Carolina 28115 NORTH CAROUM ." --s1;\%-" 704.663.1699 Letter of Approval City of Charlotte - Charlotte Water May 7, 2021 Page 2 of 2 Title 15A NCAC 4B .0118(a) and the NCGOI permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan as well as any approved deviation. 2. The NCGOI permit and the COC, once it is received. 3. Records of inspections made during the previous 30 days. Also, this letter gives the notice required by G.S. 113A-61.l(a) of our right of periodic inspection to insure compliance with the approved plan. North Car3lina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the 'commencement of this project, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and implementation of the revisions to insure compliance with the Act. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land -disturbing activity. This approval does not supersede any other permit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Form, which you provided. You are requested to file an amended form if there is any change in the information included on the form. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, rA (--J)nes Moore Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval NCGOI Fact Sheet em: GrenfellG@bv.com cc: Inspection Department Ct� ct U M v L U Cd vi I/ v Ct •� `V �N CARpV ct3 W aI o ct •� W c* ct ,C M z b�S Cb3Z1`� O N O f v U m O N -Ct a C371 NO ct3 ,-d U •�z o > •� C,3 ` 0 U pp ,� m N V U Fact D-EQ2A April 2019 The new permit: • Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; • Is clearly organized by topic; and • Has less text and more tables. The new permit: • Requires that the E&SC Plan meet SWPPP requirements (p. 2); • Provides a list of items that must be included in the SWPPP, such as the construction sequence, plans, calculations, etc. (p. 2-4);' • Has updated language on bypasses and upsets that is tailored to construction activities (p. 10); • Puts all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);' • Changes the inspection frequency (during business hours) tout least once per 7 calendar days and after every storm > 1.0 inch (previously 0.5 inch);' and • Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p. 23). 1 This list is based on website guidance by the DEMLR Sediment Program. z The number of calendar days was selected to be as equivalent as possible with the previous permit. ' The intent is to provide predictability to the inspection schedule. Acronyms to Know COC: Certificate of Coverage, proof of coverage under an NCG01 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-NOI: Notice of Intent, application form for the NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The NCG01 Process The new NCG01 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCG01 permit in the mail with their E&SC Plan approvals and be considered as covered under the permit. Federal rules require that DEMLR receive an NOI on each construction project and issue each construction project its own COC. Under the new NCG01 process, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated local E&SC program just like before. After receiving E&SC Plan approval, permittees will officially obtain coverage under the NCG01 by completing an e-NOI (available at deq.nc.goy/NCG01). The e-NOI will only take about 20 minutes to fill out and submit on-line. Initially, there will be no charge associated with applying for an NCG01 permit but on or around June 1, 2019, DEMLR will begin charging a $100 annual general permit fee as required per §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. Why do construction sites have to do this extra application step? DEMLR is required by the EPA to issue a specific COC to every construction site that disturbs one acre or more. DEMLR is working to create a form that combines the E&SC plan approval and e-NOI processes, but that will take more time. For now, DEMLR has created an efficient e-NOI process. If an E&SC Plan is approved before April 1, which permit applies? Projects with already approved E&SC Plans will automatically follow the new NCG01 permit, but will not need to fill out an e-NOI or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 that can be placed into the E&SC plan set. The first covers the site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. How will the new a-NOI submittal and COC process work? Permittees will apply for E&SC Plan approvals from DEMLR or the local E&SC program like before. The E&SC approval letter will instruct the permittee to visit deg.nc.gov/NCG01 to submit an e-NOI form to DEMLR. The permittee may begin the construction activity after receipt of the COC (within three days*). The permittee must print and retain a copy of the permit and the COC on site. Initially, the COC will be issued for free but on or around June 1, 2019, a $100 annual general permit fee will be charged. Who is allowed to submit an a-NOI form? Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president, secretary, treasurer, or vice president or a manager that is authorized in accordance with IV.B.6 of the NCG01 permit. Additional signatory options are set forth in IV.B.6 of the permit. It is possible for consultant to prepare the e-NOI, save it as a draft, and email it to the respor.!�!entity for signature & submittal. What happens to the COC when the construction activity is complete? When a project is complete, the permittees will contact DEMLR or the local delegated program to close out the E&SC Plan. After DEMLR or the local E&SC program inform the permittee of the project close out via inspection report, the permittee will visit deg.nc.gov/NCG01 to submit an e-NOT. Will there be a grace period for adherence to the new process? DEMLR does not have the authority to grant a grace period from a federally mandated permit. Permittees will be informed of the new process via web site, E&SC Plan approval letters and list servs. If a construction activity disturbs one acre or more (or is part of common plan of development that disturbs one acre or more) fails to submit an e-NOI after approval of its E&SC Plan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new NCG01 affect the delegated local E&SC Programs? Local programs will continue to review and approve E&SC plans. However, they will no longer send copies of the NCG01 with E&SC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they must submit an e-NOI to DEMLR. Local programs are not required to check if permittees have submitted e- NOls to DEMLR. However, if they wish to do this voluntarily, there will be a tool available on DEMLR's web site for them to view a list of construction projects that have submitted e-NOIs. When local programs close out an E&SC Plan, the close-out letter will advise permittees that they must submit an e- NOT. DEMLR will provide sample language. Local programs may approve E&SC plans that meet state sediment laws and rules even if those plans are not compliant with all of the NCG01 requirements. However, their permittees will be required to add two plan sheets (which will be provided by DEMLR) to their E&SC Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NCG01 permit. * Or 24 business hours for a project approved under the DEMLR Express review program.