HomeMy WebLinkAboutNCC221868_ESC Approval Submitted_20220517Ck
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BRAN WRENN N RTH CAROLINA
Director En nmental Quality
AO OF M0A I0 ober 1, 2020
LETTER OF APPROVAL WITH MODIFICATIONS
City of Monroe
Attention: E. I. Faison, City Manager
300 West Crowell Street
Monroe, North Carolina 28112
RE: Project Name: Concord Avenue Sidewalk Improvements Project Number 4799
Acres Approved: 2.27
Project ID: UNION-2020-084
County: Union, City: Monroe
Address: Concord Ave.
River Basin: Yadkin-PeeDee
Stream Classification: Other
Submitted By: Allison Johnson, PE, American Engineering Assoc. -Southeast, PA
Date Received by LQS: September 18, 2020
Plan Type: Revised
Dear Mr. Faison:
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 (NOI) form requesting a Certificate of Coverage (COC) under the NCGOIO000
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 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:
North Carolina Department of Environmental Quality Division of Energy. Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue. Suite 301 Mooresville, North Carolina 28115
a\ ' 704.663.1b99
Letter of Approval with Modification
October 1, 2020
Page 2 of 3
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. I I3A-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,
Shannon Leonard
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
c: Inspection Department
ec: Allison Johnson, PE
Letter of Approval with Modification
October 1, 2020
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Concord Avenue Sidewalk Improvements Project Number 4799
Project ID: UNION-2020-084
County: Union
Adequate measures shall be provided for all existing structures located within Limits of
Disturbance (LOD). In addition, adequate measures (e.g. rock check dam, straw wattle,
etc.) shall be provided within ditch lines to prevent sediment from leaving LOD.
2. On Sheet EC5, adequate measures (e.g. rock check dam, etc.) shall be provided within
existing ditch line below proposed Structure # 13. In addition, adequate outlet protection
shall be provided below culvert outlet.
On Sheet EC5, during the excavation of the proposed "V" Ditch, the sod liner shall be
installed at the end of each working day.
4. Adequate ditch liners shall be installed in proposed ditches where the velocity is 2 fps or
greater.
CERTIFICATE OF PLAN APPROVAL
STMt M
The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environment and Natural Resources
in accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and
North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be
posted at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter
4B.0127 (b).
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Fact Sheet on the New NCGO1 Permit LD__ EQ
April 2019
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);
• 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).
1 This list is based on website guidance
by the DEMLR Sediment Program.
2 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-NOI: Notice of Intent, application form for the NCGO1 permit
e-NOT: Notice of Termination, form for closing out the NCGO1 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
The NCGO1 Process
The new NCG01 applies to permits approved on or after April 1, 2019.
Permittees will no longer receive a copy of the NCGO1 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 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 deq.nc.gov/NCG01). The e-N01 will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCGO1
permit but on or around June 1, 2019, DEMLR will begin charging a $100
annual general permit fee as required per §143-21S.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.
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 a-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-N01 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 NCGO1?
Yes, DEMLR will provide two sample plan sheets at deg.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-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-N01 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.6.6 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 deg.nc.gov/NCGO1 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-NO1
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-N01 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 NCGO1 permit.
* Or 24 business hours for a project
approved under the DEMLR Express
review program.