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HomeMy WebLinkAboutNCC192656_ESC Approval Submitted_20191114BUNCOMBE COUNTY GOVERNMENT -NORTH CAROLINA- Buncombe County Planning and Development Nathan Pennington, CFM Plaunbig Director LETTER OF APPROVAL WITH MODIFICATIONS AND/OR PERFORMANCE RESERVATIONS October 25, 2019 BP Fairview, LLC Joanna Schwartz 275 Grove Street, Suite 2-400 Newton, MA 02466 Ms. Schwartz, This office has reviewed the Erosion and Sedimentation Control Plan submitted for the project listed below. We find the plan to be acceptable with the attached modifications and/or peiforntance reservations and hereby issue this Letter of Approval. Please be advised that Section 26-228 requires that a copy of the approved Soil Erosion Control Plan be on file at the job site. The Buncombe County Soil Erosion and Sedimentation Control Ordinance is a performance oriented program requiring protection of the natural resources and adjoining properties. If, following commencement of this project it is determined that the plan is inadequate, this office may require revisions to the plan and its implementation. The approval for this project is good for the tine frame stated on the original land disturbing permit. This permit shall become null and void if you have not made progress to begin construction activities on the site within six nonths after the date of approval. Renewal of the land disturbing permit will require a new plan review submittal with associated fees. The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws, regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of ditches for the purpose of de -watering or lowering the water table must be forwarded to the director of water quality. *As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) for requesting a Certificate of Coverage (COC) under the NCG01000 Construction Storinwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the below named project. The NOI form may be accessed at deg,nc.gov/NCG01. Please direct all questions about the NOI form or the process to Annette Lucas at Annetteducas(kWcdenr.Qov or Paul Clark at Paul.clark(a)ncdenr.g! v. Initially, DEMLR will not charge a fee for coverage under the NCG01 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 and is not collected by this local program. Once the NCGOI permit has been completed and approved by DEMLR, a project permit number will be given for this project that must be written on the Buncombe County Land Disturbing Permit, which must be on site throughout the construction phase of the project. When the project is complete, the financially responsible party or their representative will contact. Buncombe County Erosion and Sedimentation Control Office to close out the Erosion and Sedimentation Control Plan. A Certificate of Compliance will be issued for the project once the site meets the requirement as stated in the original Letter ofApproval and standards stated in the Buncombe County Soil Erosion and Sedimentation Control Ordinance. The responsible party will then be instructed to visit dec7.nc.kov17VCG01 to submit are a -NOT (electronic Notice of Termination) form for closing out the NCG01 permit. Please refer to the attached NCG01 Fact Sheet. A Combined Self -Monitoring and Self -Inspection Form for the NCGOI is enclosed. Please review all pertinent documents prior to starting construction. We look forward to working with you on this project. Sine Doug Sharp Erosion Control Officer Erosion and Sedimentation Control Tele: (828) 250-4848 cc: Project name: Cascade Ridge Location: 1168 Charlotte Highway Date received: October 10, 2019 Date approved: October 25, 2019 Permitted Disturbance: 19.23 acres Person financially responsible: BP Fairview, LLC / Joanna Schwartz MODIFICATIONS AND/OR PERFORMANCE RESERVATIONS FOR NC State NCGOI Permit has to be in place before work starts. No work in the NC DOT ROW until permits are submitted to this office. Make sure contractor has the latest set of plans. Dated 10/21/2019. Keep a minimum 10 foot undisturbed buffer to all property lines. The exception being where work has to be within the buffer. Erosion control measures have to be in place first and additional measures may be required at that area. *Prior to scheduling the pre -construction meeting, the financially responsible party or authorized agent must submit an electronic copy of the Letter of Approval with Modifications and/or Performance Reservations for requesting a Certificate of Coverage (COC) under the NCG01000 Construction Stormwater General Permit to DEMLR. Once the NCG01 COC# has been obtained, the contractor, authorized agent or owner must contact Buncombe County Erosion Control Office to schedule an on -site pre -construction meeting before beginning any grading activity. Contractor must have a copy of the latest set of plans marked "Construction Documents" and showing any revisions and/or details. Approved plans must be available at the construction site at all times for inspection by inspectors and any other governing regulatory agent. A copy of the Erosion Control Permit, a copy of the Letter of Approval with Modification and/or Performance Reservations, and a copy of the Combined Self - Monitoring and Self -Inspection Form must be available on -site in a job box or contractor's trailer at all times. These documents must be reviewed and understood by all parties involved prior to any land disturbing activities. A working rain gauge must also be present and installed at the site for monitoring. Contractor to insure that any import or export material be from a permitted site. Erosion control measures must be installed in accordance with the approved engineering plans and maintained at all times. Alternate measures must first be approved with the engineer of record and regulatory site inspector prior to installation. Clearing limits for grading must be clearly delineated in the field as shown on the approved engineering plans. Any additional clearing or land disturbing activity that disturbs the ground surface outside of those limits will constitute a violation of the County's Ordinance and will be subject to penalties. Additional erosion control measures and BMP devices will be required if approved measures are not sufficient to contain and control sediment and runoff on the project site. Additional measures to help control and reduce on -site runoff during construction will be discussed at pre -construction meeting. Areas of construction left bare for more than 21 days without temporary ground cover could delay building construction inspections and cause possible delays in issuance of building occupancy letters. Notification must be given to this office for inspection at the completion of site stabilization of the project prior to the removal of any perimeter/pertinent erosion control measures at the site. Any deviations in the original approved construction plans or design changes to land clearing to the overall site must first be submitted for review to this regulatory office and approved prior to continuation of construction. Failure to resubmit could result in possible issuance of stop work orders, holding of any building inspections, or issuance of certificates of occupancy. Erosion control measures must be inspected and repaired if needed on a regular basis and maintained at all times. Failure to maintain erosion control measures can result in delayed building inspections, revocation of permits or possible civil penalties. Approval of this project is in accordance tivith the requirements set forth by the Buncombe Coarnoj Soil Erosion and Sedimentation Control Ordinance and information provided in the approved construction plans, construction segttence, construction details, and doctnnentation. Any modification of this approval in regards to soil erosion and sedimentation control must be made cnwre to the Buncombe Cotmty Erosion Control Office prior to any changes. Buncombe County Planning and Development Nathan Pennington, CFM Plonning Director - BUNCOMBE COUNTY GOVERNMENT -NORTH CAROUNA- NUMBER: ER02019-00060 NCG01 COC#: PROJECT NAME: Cascade Ridge LOCATION: 1168 Charlotte Highway RESPONSIBLE PERSON: BP Fairview, LLC / Joanna Schwartz THIS CERTIFIES THAT A LAND DISTURBING PERMIT HAS BEEN ISSUED FOR THE CONSTRUCTION WORK SET OUT ABOVE. (::D" V""' Doug Shar Erosion Control Officer Erosion and Sedimentation Control Tele: (828) 250-4848 THIS CERTIFICATE MUST BE POSTED AT THE CONSTRUCTION SITE IN A SECURE PLACE FROM THE TIME WORK IS COMMENCED UNTIL EROSION CONTROL INSPECTOR GIVES FINAL APPROVAL. A COPY OF THE EROSION CONTROL PLANS AND APPROVAL LETTER MUST BE AVAILABLE FOR THE INSPECTORS USE AT ALL TIMES. Issued: Oct. 25, 2019 Permit expires: Oct. 25, 2024 a� Permit -act Sheet on the New NCGO1 Q* 9 AM Q April 2019 The NC Construction General Permit (also known as "NCG0111) 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 text 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); e Puts all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);2 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. 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 N01 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-N01 (available at deg.nc.eov/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-N01 processes, but that will take more time, For now, DEMLR has created an efficient e-N01 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 N0001? Yes, DEMLR will provide two sample plan sheets at dea.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-N01 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-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 NCG01 permit, Additional signatory options are set forth in IV.13.6 of the permit. It is possible for consultant to prepare the e-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 dea.nc.eov/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-1401 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. 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