HomeMy WebLinkAboutNCC220529_ESC Approval Submitted_20220127I
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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director NORTH CAROLINA
Environmentolquaw
January 21, 2022
LETTER OF APPROVAL WITH MODIFICATIONS
Carolina Development Services, LLC
Attention: G. David Cuthbertson, Manager
2627 Brekonridge Centre Drive, Suite 101
Monroe, North Carolina 28110
RE: Project Name: Ashe Meadows Subdivision
Acres Approved: 45.09
Project ID: UNION-2015-081
County: Union, City: Mint Hill
Address: NC Hwy. 218
River Basin: Yadkin-PeeDee
Stream Classification: Other
Submitted By: Richard Modlin, PE
Date Received by LQS: January 6, 2022
Plan Type: Revised
Dear Mr. Cuthbertson:
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 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of
Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction General
Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions
for the $100 annual permit fee. After the fee is processed, you will receive the COC via email. As the
Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the COC
prior to commencement of any land disturbing activity. The eNOI form may be accessed
at deq_nc.gov/NCG0I. Please direct questions about the eNOI form to the Stormwater Program staff in the
Raleigh central office. If the owner/operator of this project changes in the future, the new responsible
party must obtain a new COC.
Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on file
at the job site:
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
J`..�r. 704-663-1699
jyn� x F
Letter of Approval with Modifications
Carolina Development Services, LLC
January 21, 2022
Page 2 of 3
The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
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 ensure
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, it is determined that
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 ensure 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,
15U, -W 1&1",�
Shannon Leonard
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
c: Inspection Department
Richard Modlin, PE
7215 Terrace Dr.
Charlotte, NC 28211
Letter of Approval with Modifications
Carolina Development Services, LLC
January 21, 2022
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Ashe Meadows Subdivision
Project ID: UNION-2015-081
County: Union
1. Plan revision is to add additional land disturbance for waterline and access road along waterline. All
prior Approval with Modifications shall apply to prior permitted areas.
2. The (3) 15" RCP's shall be installed in the initial condition to provide equipment access across
existing drainage channel. If erosion occurs below culverts, adequate outlet protection shall be
provided. The access road shall not be extended past the lengths of the culverts.
3. Silt fence stone outlets shall be installed with Class B stone and 12" washed stone on upstream face
per attached detail. The 4' width shall be provided per detail on Sheet C4.38. Sufficient excavated
storage area shall be provided in front of Stone Outlet #4.
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Fact Sheet on the Rew ACGO1 Permit
4;��AEQQ
April 2019
The new permit:
Repeats state requirements for E&3
Plans and organizes them with federal
construction activity requirements;
|sclearly organized bytopic; and
Has less text and more tables.
The new permit:
* Requires that the E&S[Plan meet
SVVPPPpequirement (p.2);
* Provides list ofitems that must be
included inthe 5VVPPP,such esthe
construction sequence, plans,
calculations, etc. (p.Z-4);z
^ Has updated language onbypasses and
upsets that istailored toconstruction
activities (p. 18);
* Puts all timeframeofor inspections,
record -keeping and reporting in
"calendar days" for clarity and
consistency (p.11'14);z
* Changes the inspection frequency
(during business hours) toatleast
once per 7calendar days and after
every storm >1.Oinch (previously U5
inch);' and
w Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
This list isbased onwebsheguidance
bythe DEk4LRSediment Program.
The number ofcalendar days was
selected to beayequivalent as
possible with the previous permit.
The intent isto provide predictability
tothe inspection schedule.
Acronyms bzKnow
CQC: Certificate ofCoverage, proof ofcoverage under anNO3O1permit
DEK8L0: NCDivision ufEnergy, Mineral, and Land Resources
E&8C: Erosion & Sedimentation Control
e-NO|: Notice ofIntent, app|icationformfor the NCGD1permit
e-NOT: Notice ofTermination, form for closing out the NCGO1permit
SVVPPP: 3tormw/aterPoUut|on Prevention Plan, required by the NCG01
The NCGOlProcess
Pennitteeswill nulonger receive acopy ofthe NCGO1permit inthe mail
with their E@5[Plan approvals and beconsidered ascovered under the
permit. Federal rules require that DEMLRreceive anN0uneach
construction project and issue each construction project its own COC.
Under the new NCGOIprocess, construction sites will continue to
receive approval for E&SCPlans from either QEMLRorthe delegated
local E&SCprogram just like before. After receiving E&SCPlan approval,
permi1teeswill officially obtain coverage under the NCGOlby
completing an o'N0 (available at . Thee'NO| will
only take about lDminutes tofill out and submit on-Une.
Initially, there will benocharge associated with applying for onNCG01
permit but onoraround June 1,2D1g'DEK4LRwill begin charging a$1OO
annual general permit fee asrequired per §l43'215.3D.
DEK4LRisworking oncreating asingle application form that will allow an
applicant tosimultaneously apply for anE&S[permit and anNCSO1
O][.That effort ispart ofalarger Permit Transformation project at
DEMLR.
Q&A About the New NCG01 Permit
Why doconstruction sites have to do this extra application step?
DEMLRisrequired bythe EPA toissue aspecific [O[toevery construction
site that disturbs one acre ormore. DEMLRisworking tocreate aform
that combines the E8'S[ plan approval and e'N[U processes, but that will
take more time. For now, DEK4LR has created an effidente-NO| process.
IfanE&S[Plan imapproved before April 2,which permit applies?
Projects with already approved E&S[Plans will automatically follow the
new N[6Olpermit, but will not need tnfill out ane-NO1orpay anannual
permit fee. However, the permitteesshould print the new permit and the
tw/ostandarddetai|sheetsandhavethamonsite.
Will DBNLRoffer tools tohelp permHtteescomply with the new 0CGDl7
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-NOI submittal and COCprocess work?
Pennitteeswill apply for E&SCPlan approvals from OEMLRorthe local
E&5C program like before. The E&SC approval letter will instruct the
permi11eetovisit Losubmit ane-N0form toDEK4LR.
The permit1eemay begin the construction activity after receipt ofthe CDC
(within three dmyo*).The permittee must print and retain copy nfthe
permit and the CO[onsite. Initially, the COCwill beissued for free but on
oraround June 1,ZOl9,o$1OOannual general permit fee will becharged.
Who ballowed tnsubmit ane-MO|form?
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as o president, secretary, treasurer, or vice
president oramanager that isauthorized inaccordance with K/.B.6ofthe
NCGUI permit. Additional signatory options are set forth in |V.8.6ofthe
permit. |tispossible for consultant toprepare the e'NO|,save itasadraft,
and email ittothe responsible entity for signature &submittal.
What happens tothe OOC when the construction activity iscomplete?
When aproject iscomplete, the pennitteeswill contact DEMLRorthe local
delegated program to dose out the E@SC Plan. After DEMLR or the local
E@SCprogram inform the permitteeofthe project close out via inspection
report, the permhteewill visit tosubmit ane'NOT.
-.°
Will there beagrace period for adherence tothe new process?
DEMLRdoes not have the authority togrant 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 ofcommon plan
ofdevelopment that disturbs one acre ormore) fails tosubmit ane-NO|
after approval of its EQSC Plan, this is a violation of federal permitting
requirements and the permitteecould besubject toapenalty assessment
How does the new NCGQ1affect the
de|ega�adlocal E&SCPrograms?
Local programs will continue toreview
and approve E&S[plans. However,
they will nolonger send copies ofthe
NCG01with E&S[Plan approvals.
DEW1LR will provide sample language to
use inlocal E&S[Plan approvals to
advise permitteesthat they must
submit ane-NOitoOEMLR.
Local programs are not required to
check ifpermitteeshave submitted e'
NO\stoDEK4LR.Huvvever, ifthey wish
to dothis voluntarily, there will be
tool available onDEMLR'oweb site for
them toview alist ofconstruction
projects that have submitted e'N0s.
When local programs close out an E&SC
Plan, the close-out letter will advise
permhtteesthat they must submit one -
NOT. DEMLRvxU| 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 ofthe NDGO1
requirements. However, their
permitteeswiU be required tuadd two
plan sheets (which will be provided by
DEMLR)totheir E&SCPlans toensure
that they fully comply with the ground
stabilization, materials handling, and
inspection, record -keeping and
reporting portion ofthe NCGO1permit.
*Dr24business hoursforoproject
approved under the DEMLR Express
review program.