HomeMy WebLinkAboutNCC192261_ESC Approval Submitted_20191011Iredell County Planning & Development
Erosion Control Section
349 North Center Street
P.O. Box 788
Statesville, NC 28687
Date: August 23, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
Ed Belanger
EME Holding, LLC
15 Frowein Road Bldg G2
Center Moriches, NY 11934
RE: Project Name: Lakeshore Subdivision
Acres Approved with Modifications: 18.69
Project ID: MVLLE-2020-008
Project Location: PIN 4638728321.000
Submitted By: Darden Engineering Services, PLLC
Date Received: August 2, 2019
Plan Type: New
Dear Mr. Belanger:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable with modifications and herby issue this Letter of Approval with Modifications.
Modifications must be received in this office no later than two weeks prior to the project start
date. Failure to submit modified plans can result in a violation and fine under the Iredell County
Land Development Code. The Modifications required for Approval are listed on the attached
page. The Certificate of Approval issued by Iredell County must be posted at the job site. This
plan approval shall expire three (3) years following the date of this approval as is required by
Title 15A NCAC 413.0129 and Section 9.6.6 of the Iredell County Land Development Code.
Title 15A NCAC 4B 0118(a) and Section 9.6.9 of the Iredell County Land Development Code
requires that a copy of the approved erosion control plan be on file at the job site. Any
amendments and/or revisions to the approved plan must be reviewed and approved prior to
implementation in order for the site to remain in compliance. Failure to submit plans for approval
may result in administrative actions and. -'or penalties as indicated in the Iredell County Land
Development Code. Also, this letter gives notice as required by G.S. 113A-61.1(a) and Section
14 2.2 of the Iredell County Land Development Code, of our right of periodic inspection to
insure compliance with the approved plan.
Iredell County's Sedimentation Pollution Control Program is performance -oriented, requiring
protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
Letter of Approval with V, (cations
Lakeshore Subdivision
August 23, 2019
Page 2 of 4
inadequate to meet the requirements of the Iredell County Land Development Code and 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 and Code.
Acceptance and approval of this plan is conditioned upon your compliance with Federal, State,
and County water quality laws, regulations, and rules. This approval does not supersede any
other permit or approval.
As of May 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/NCG01. Please direct questions about the NOI form to Annette
Lucas at Annette.lucas@ncdenr.gov or Paul Clark at Paul.cIark@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 NCGOI 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 staff in Raleigh.
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 is required that this
office to be notified of the proposed starting date for this project. Please notify us when you plan
to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Randall Moore, CESSWI, CFM
Erosion Control Inspector 11
Enclosures: Modifications
Fact Sheet on the New NCGO1 Permit
Letter of Approval witl� `odifications
Lakeshore Subdivision
August 23, 2019
Page 3 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Lakeshore Subdivision
Project ID: MVLLE-2020-008
County: Iredell
Reviewed by: Randall Moore
Required changes are designated as 11RC" under legal authority from NC
General Statutes Chapter 113A Article 4 and the Iredeli County Land
Development Code.
Suggested changes are designated as "SC" for improvement of the plan.
l . Make sure Town of Mooresville is ok with basin being located within 100-foot stream
buffer. -SC
2. Turn silt fence up at basin and offsite stormwater outlet. -RC
3. Silt fence needed across all downslope sides of land disturbing activity. -RC
4. Extend both diversions further to capture runoff and direct to basin. -RC
5. Inlet protection needed for offsite water diversion pipe inlet. -RC
G. Slope drains needed for diversions entering basin. Provide inlet and outlet protection.
Provide details. --RC
7. May need a berm and slope drains along front of basin to prevent slope washout from
sheet flow. -SC
8. Check dams needed for diversions. Prefer straw wattles. Provide detail. -RC
9. Construction sequence should state or include:
• OnIy disturb what is necessary to install erosion control measures, offsite water
diversion and offsite storm pipe.
• Once measures are installed call for an inspection by Iredell County Staff prior to
mass grading beginning.
• Install offsite water diversion and offsite storm pipe with installation of erosion
control measures.
• Erosion control measures are not to be removed without Iredell County staff
approval.
• Sediment basin is not to be converted to post -construction BMP without Iredell
County staff approval.
10. In Phase II, keep diversions at toe of slope. -SC
1 I . In Phase 1I, silt fence should be 10 feet of toe of slopes. -RC
12. Provide the following details:
• Hardware cloth and gravel inlet protection.
• Silt sack.
• Diversion detail.
• Rock donut inlet protection.
• Rip rap apron.
Letter of Approval with Mi _ications
Lakeshore Subdivision
August 23, 2019
Page 4 of 4
• Slope drain.
• Skimmer detail.
• Check dam.
• Straw wattle.
• Individual lot development.
Fact Sheet on the New NCG01 Permit D_EQ-AA
April 2019 �.!
The NC Construction General Permit (also known as "NCG01") was renewed on April 1, 2019. The updated permit
does not significantly change the measures that are required to be implemented on construction sites. However,
there are some organizational and technical updates to the permit as described below. Most notably, there is a new
process in which construction sites will obtain official coverage under an NCG01 permit through an electronic
process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions,
contact Annette Lucas at Annette.lucas@ncdenr.gov or (919) 707-3639.
Organizational Updates
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 tent and more tables.
Technical Updates
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);z
• Changes the inspection frequency
(during business hours) to at 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).
' This list is based on website guidance
by the DEMLR Sediment Program.
a The number of calendar days was
selected to be as equivalent as
possible with the previous permit.
3 The intent is to provide predictability
to the inspection schedule.
Acronyms to Know
COC: Certificate of Coverage, proof of coverage under an NCGO1 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCGO1 permit
e-NOT: Notice of Termination, form for closing out the NCG01 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
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 a-NOI (available at dea.nc.sov/NCG01). The a-NO1 will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCGO1
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 NCGOi
COC. That effort is part of a larger Permit Transformation project at
DEMLR.
Q&A About the New NCG01 Permit
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 a-NOI processes, but that will
take more time. For now, DEMLR has created an efficient a-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 NCGO1 permit, but will not need to fill out an a-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 de4.nc.eov/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 de .nc. ov NCG01 to submit an a-N01 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
NCGO1 permit. Additional signatory options are set forth in IV.13.6 of the
permit. It is possible for consultant to prepare the a-NOI, save it as a draft,
and email it to the responsible 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 de4.nc.Rov/NCG01 to submit an a -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 a-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 NCGO1 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 a-NOI to DEMLR.
Local programs are not required to
check if permittees have submitted e-
NOIs 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 a-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.