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HomeMy WebLinkAboutNCC215577_ESC Approval Submitted_20211011ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director Charlotte Water Attention: Carl Wilson 5100 Brookshire Boulevard Charlotte, North Carolina 28216 �.a SrATg � h J 1 i NAM NORTH CAROLINA Envirariurtental Quality September 14, 2021 LETTER OF APPROVAL RE: Project Name: Derita Branch Sanitary Sewer Improvements Project Phase I Acres Approved: 1.19 Project ID: MECKL-2022-005 County: Mecklenburg, City: Charlotte Address: North Tryon Street River Basin: Catawba Stream Classification: Other Submitted By: Charlotte Water Date Received by LQS: August 23, 2021 Plan Type: New 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 413 .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 3011 Mooresville, North Carolina 28115 704-663-1699 Letter of Approval Charlotte Water September 14, 2021 Page 2 of 2 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. 2. The NCGO1 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. Your cooperation is appreciated. Sincerely, �.�rrzeo %��iie James Moore Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval NCGO1 Fact Sheet em: dcrite@critekgroup.com cc: Inspection Department DUE AriFact Sheet on the New NCGO1 Permit 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 text and more tables. Technical Updates The new permit: m 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) 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 NCGO1 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-N®I: 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 NCGO1 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 NCGO1 by completing an e-NOi (available at deo.nc v>vv NCGQ.I). 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 NCGO1 COC. That effort is part of a larger Permit Transformation project at DEMLR. O& A About the New NCG01 Permit Why 6mconstruction sites have todnthis extra application step? DEMLR is required by the EPA to issue a specific [OCtu every construction site that disturbs one acre ormore, DEMLRisworking tocreate aform that combines the E&SCplan approval and e'N0processes, but that will take more time. For now, DEK4LK has created an efficiente-NO| process. !fanE&SCPlan isapproved before April 1,which permit applies? Projects with already approved E&SCPlans will automatically follow the new N[GO1permit, but will not need tofill out ane'NO|nrpay anannual permit fee. However, the permUteesshould print the new permit and the two standard detail sheets and have them unsite. Will DEMUR offer tools tohelp pmrmittnescomply with the new NCG017 Yes, DEK4LRwill 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-N[4submhta|and C0C process work? Pe/mhteeswill apply for E&ICPlan approvals from DEMLRorthe local E&SC program like before. The E&SC approval letter will instruct the permbteetovisit to submit e-NO| form to DEK8LR- The permittee may begin the construction activity after receipt of the COC (within three days*).The permUteemust print and retain acopy ofthe permit and the [OConsite. Initially, the [O[will beissued for[reebut on oraround June l'Z019.a$10Oannual general permit fee will becharged. 'Who is aOovmedtosubmit an e'WQ| form? Submittal must be by a responsible corporate officer that owns or operates the activity, such asapresident, secretary, treasurer, orvice president oramanager that isauthorized inaccordance with |V.B.6ofthe N[G01 permit, Additional signatory options are set forth in |V.8.6ofthe permit. it is possible for consultant to prepare the e-NO|, save it as a draft' and email it to the responsible entity for signature & submittal. VVhatha��ansto�heCOCehenthe construction activity iscomop|ete7 When n project is complete, the perminLees will contact DEK8LR or the local delegated program toclose Out the E&S[Plan. After DEK8LKorthe local E&SC program inform the permittee of the project dose out via inspection report, the permitteewill visit tosubmit ane-NOT. Will thpre be m '-ricepaio� for a6haranoetothe �- Iew process? DE&4LR does not have the authority to 'grant agrace period from a federally mandated permit, Permitteeswill beinformed ofthe new process via web site, E&SCPlan approval letters and list sems. !fa construction activity disturbs one acre or more (or is part of common plan ofdevelopment that disturbs one acre ormore) fails Losubmit an e'NU| after approval ofits E&S[Plan, this isaviolation offederal permitting requirements and the permitteeCould besubject toapenalty assessment. How does the new WCGO1affect the 6ele-ate6loci) E&SC Programs? Local programs will continue to review and approve E&SCplans. However, they will nolonger send copies ofthe N[GO1with E&5[Plan approvals. DEMLRwill provide sample language to use in local E&SCP|an approvals to advise permhteesthat they must submit ane-NO|toUEKXLK. Local programs are not required to check ifpennittees have submitted e' NOb to DEK8LK. However, if they wish to do this voluntarily, there will be a tool available on DEK4LR's web site for them to view a list of construction projects that have submitted e'NU|s. When local programs close out an E&S[ Plan, the close-out letter will advise permdteecthat they Must Submit ane- N0T, DEMLRwU| provide sample language. Local programs may approve E&SC plans that meet state sediment|avvs and rules even ifthose plans are not compliant with all ofthe N[GO1 requirements. However, their pernoh1eeswill berequired toadd two plan sheets (which will beprovided by DEMLR) to theirE&SC Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion ofthe NCGOlpermit. *Or24business hours for oproject approvEd under the DEMLR Express review program.