HomeMy WebLinkAboutSW3190801_Permit (E&SC)_20190913Energy, Mineral
and Land Resources
ENVIRONMENTAL QUALITY
June 28, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
TDY Industries, LLC
Attention: Irvin Hyde, Senior Project Engineer
1000 Six PPC Place
Pittsburgh, Pennsylvania 15222
RE: Project Name: New Hotworking Expansion [Express Review]
Acres Approved: 41.11
Project ID: UNION-2019-089
County: Union, City: Monroe
Address: Goldmine Road
River Basin: Yadkin
Stream Classification: C
Submitted By: TDY Industries, LLC
Date Received by LQS: June 28, 2019
Plan Type: New
Dear Mr. Hyde:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable
with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for
Approval are listed on the attached page. 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 413 .0129.
As of April 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 NCGO10000 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/NCGOI. 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. A
$100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in
Raleigh.
Title 15A NCAC 4B .0118(a) and the NCGO1 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.
State of North Carolina 1 Environmental Quality I Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Ave Ste 301 1 Mooresville, NC 28115
704 663 1699 T
Letter of Approval with Modifications
TDY Industries, LLC
June 28, 2019
Page 2 of 3
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-61.1(a) of our right of periodic inspection to insure
compliance with the approved plan.
North Carolina'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. Please notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
ems. u,-4-
Tamera Eplin, PE, CPESC
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
c via E-mail: Bryan Dyer, Dyer and Associates
c: Inspection Department
Letter of Approval with Modifications
TDY Industries, LLC
June 28, 2019
Page 3 of 3
Project Name: New Hotworking Expansion
Project ID: UNION-2019-089
County: Union
Modifications pursuant to applicable North Carolina General Statutes and/or Regulations:
1. North Carolina recently issued a new NCGO1 General Construction Stormwater Permit.
Please ensure the NCG01 Ground Stabilization and Materials Handling and Self -Inspection,
Recordkeeping and Reporting requirements are on your plans. The NCGO1 compliance plan
sheets for these can be found at https:/,,de(l,nc.gov/abotit/divisioils/'energy-mineral.-latid-
resources."energy-mni neral-land-pern-iit s/stormwater-perm its/construction-sw
2. Additional measures may be required - The applicant is responsible for the control of
sediment on -site. If the approved erosion and sedimentation control measures prove
insufficient, the applicant must take those additional steps necessary to stop sediment from
leaving this site. [15A NCAC 4B .0115]
Additional Comments:
1. Please be advised industrial activities may be subject to the National Pollutant Discharge
Elimination System (NPDES) Stormwater Program. A list of covered activities and detailed
information is available at the website below:
llttps:;':'deq.nc. gov/about/divisions:'energy-mineral-land-resources/energy-mineral-land-
perm i is/stonnwate r-pro gram
2. Be advised due to the potential activities proposed onsite, you will likely require additional
permitting from other NCDEQ agencies that may affect this erosion and sediment control
plan (for example permits related to demolition/asbestos removal/stream rerouting do not
replace the need for approval of an erosion and sediment control plan, if applicable). We
recommend you contact Mr. Paul Williams, Environmental Assistance Coordinator, NC
Division of Environmental Assistance and Customer Service to discuss your site. He can be
reached at (704) 235-2107 or pawl..e.willia nsf' ;;n.edenr.gov. Be advised this review is for
erosion and sediment control only.
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April 2019 ^~
The NC Construction General Permit (also known aw was renewed mmApril 1,201$ 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. |fyou have questions,
contact Annette Lucas at Annette.lucasPriccienuov or(919)7D7-3639.
Organizational Updates
The new permit:
• Repeats state requirements for EQSC
Plans and organizes them with federal
construction activity requirements;
w |sclearly organized bytopic; and
w Has less text and more tables.
Technical Updates
The new permit:
"Requines that the E&S Plan meet
SVVPPPrequirements (p.2);
" Provides alist ofitems that must be
included inthe 5VVPPP,such asthe
construction sequence, plans,
calculations, etc. (p. 2-4);z
* Has updated language onbypasses and
upsets that istailored to construction
activities (p.1O);
• Puts all timefnamesfor inspections,
record -keeping and reporting in
"calendar days" for clarity and
cunsistency(p. 1I-14);z
• Changes the inspection frequency
(during business hours) toatleast
once per 7calendar days and after
every storm >1.D inch (previoudyO.S
inch);' and
* Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
This list isbased onvvebabeguidance
bythe DEK0LRSediment Program.
The number ofcalendar days was
selected tobeasequivalent as
possible with the previous permit.
The intent is to provide predictability
tothe inspection schedule.
Acronyms to Know
COC:Certificate of Coverage, proof of coverage under anNCGO1 permit
DEKNLA; N[Division ofEnergy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-W0L Notice ofIntent, application form for the NCGO1permit
e'NOT: Notice ofTermination, form for closing out the NC6O1permit
SWPpP: StornnxvaterPo||ution Prevention Plan, required by the NCG01
The NCGOlProcess
The new NCGO1applies tmpermits approved wnn,after April �2019.
Permitteeswill nolonger receive acopy ofthe NCGOlpermit inthe mail
with their E&5CPlan approvals and beconsidered oscovered under the
permit. Federal rules require that DEK4LRreceive anNO/oneach
construction project and issue each construction project its own CO[
Under the new NCGO1process, construction sites will continue to
receive approval for E&SCPlans from either DEK4LRorthe delegated
local E&SC program just like before. After receiving E0^S[ Plan approval,
pernni11eeswill officially obtain coverage under the NCGO1by
completing ane-NO|(available at ). The e'NO|will
only take about 3Uminutes tofill out and submit on'|ine.
Initially, there will benocharge associated with applying for anNCGO1
permit but onoraround June 1,2Dl9,DEMLRwill begin charging a$100
annual general permit fee asrequired per §145-21S.3D.
DEK4LKisworking oncreating asingle application form that will allow an
applicant tosimultaneously apply for anE&£Cpermit and anN[GOI
[O[.That effort ispart ofalarger Permit Transformation project at
DEMLR.
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Why doconstruction sites have tmdmthis extra application step?
DEM0isrequired bythe EPA toissue aspecific [DCtoevery construction
site that disturbs one acre ormore. DEMLRisworking tocreate aform
that combines the E&SCplan approval and e'NO|processes, but that will
take more time. For now, DEMLR has created an efficient e-NOI process.
If anE&SCPlan isapproved before April l,which permit applies?
Projects with already approved E&SCPlans will automatically follow the
new N0GD1permit, but will not need tofill out ane'NO|orpay anannual
permit fee. However, the permhteesshould print the new permit and the
two standard detail sheets and have them onsite.
Will DEVNLRoffer tools %ohelp penmitteescomply with the new NCG01?
Yes DEK8LRwill provide two sample plan sheets at that
can beplaced into the E&SCplan set. The first covers the site stabilization
and materials handling portions ofthe permit. The second sheet covers
the inspection, record -keeping and reporting portions ofthe permit,
How will the new e-NOlsubmittal and COC process work?
Pemnh1eeswill apply for E&SCPlan approvals from DEK1LRorthe local
E8'SCprogram like before. The EO^5Capproval letter will instruct the
permi|taetovisit deq.nc.goyJNCG01 tosubmit ane-NO|form toDEK4LB.
The permittee may begin the construction activity after receipt of the COC
(within three days*).The pernmitteemust print and retain acopy ofthe
permit and the COC on site. Initially, the COC will be issued for free but on
uraround June 1,2U19,a$1OUannual general permit fee will becharged.
Who isallowed tmsubmit an e-NO!form?
Submittal must be byaresponsible corporate officer that owns or
operates the activity, such asapresident, secretary, treasurer, orvice
president oramanager that isauthorized inaccordance with |V.B.6ofthe
NCG81 permit. Additional signatory options are set forth in |V.B.6ofthe
permit. |tispossible for consultant toprepare the e-NO|,save itasadraft,
and email ittothe responsible entity for signature &^submittal.
What happens to the COC when the construction activity is complete?
When aproject iscomplete, the pemnitteeswill contact DEK8LRorthe local
delegated program toclose out the E&S[Plan. After DEK4LRorthe local
E&SCprogram inform the permitLeeofthe project close out via inspection
report, the permitteewill visit tosubmit ane-NOT.
Will there beagrace period for adherence tuthe new process?
DEMURdoes not have the authority togrant agrace period from a
federally mandated permit. Perrnittees will be informed of the new
process via web site, EO'SCPlan approval letters and list sen/s.|fa
construction activity disturbs one acre or more (or is part of common plan
ofdevelopment that disturbs one acre ormore) fails tusubmit ane-NO|
after approval ofits E&SCPlan, this isaviolation offederal permitting
requirements and the permitteecould besubject toapenalty assessment,
How does the new NCGDaffect the
delegated local E&SCPrmgrams7
Local programs will continue toreview
and approve E&SCplans. However,
they will nolonger send copies ofthe
N[GOlwith E&SCPlan approvals.
DEW1LRwill provide sample language to
use inlocal E&5CPlan approvals to
advise permitteesthat they must
submit ane'NO|toDEK4LR.
Local programs are not required to
check ifpenMteeshave submitted e'
N0stoDEK8LR.Hovvever,iftheywish
todothis voluntarily, there will bea
them toview alist ofconstruction
projects that have submitted e-NOls.
When local programs close out anE&SC
Plan, the close-out letter will advise
pennitteeythat they must submit ane'
NOT. DEMLRvvi/| provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even ifthose plans are not
compliant with all ofthe NCGU2
requirements. However, their
pernniUresvvi|l be required toadd two
plan sheets (which will beprovided by
DEMLR)totheir E/&SCPlans toensure
that they fully comply with the ground
stabilization, materials handling, and
inspection, record -keeping and
reporting portion ofthe NCG0lpermit.
*O/24business hours for oproject
approved under the DEMLR Express
review program.