HomeMy WebLinkAboutNCC221124_ESC Approval Submitted_20220418ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Charlotte Mecklenburg Stormwater Services
Attention: Shawn McDonald
600 East 4th Street
Charlotte, North Carolina 28202
Pt
NORTH CAROLINA
Environmental Quality
February 21, 2022
LETTER OF APPROVAL
RE: Project Name: Cutchin Drive Storm Drainage Improvement Project
Acres Approved: 5.6
Project ID: MECKL-2022-035
County: Mecklenburg
City: Charlotte
Address: Cutchin Drive
River Basin: Catawba
Stream Classification: Other
Submitted Buy: Charlotte Mecklenburg Stormwater Services
Date Received by LQS: February 3, 2022
Plan Type: New
Dear Mr. McDonald:
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 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/NCGO 1. 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:
1. The approved E&SC plan as well as any approved deviation.
2. The NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
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 Mecklenburg Stormwater Services
February 21, 2022
Page 2 of 2
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,
James Moore
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NCGO1 Fact Sheet
cc: Inspection Department
ec: amullins@wsp.com
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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 e-NOI processes, but that will
take more time. For now, DEMLR has created an efficient e-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 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 NCG01?
Yes, DEMLR will provide two sample plan sheets at deq.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-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 deq.nc.gov/NCG01 to submit an e-NOI 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 deq.nc.gov/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-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 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. 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 e-NOls.
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.