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HomeMy WebLinkAboutNCC233327_FRO Submitted_20231129 FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name Statesville Utility Yard 2. Location of land-disturbing activity: County Iredell City or Township Statesville Highway/Street 915 Winston Ave. Latitude(decimal degrees) 35.7710 Longitude(decimal degrees) -80.8940 3. Approximate date land-disturbing activity will commence: November 13, 2023 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 11.9 Acres 6. Amount of fee enclosed: $ 1,200.00 . The application fee of$100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is $900). Checks should be addressed to NCDEQ. 7. Has an erosion and sediment control plan been filed? Yes ■ Enclosed ❑ No ❑ 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name Ryan Fonville E-mail Address rfonville@whartonsmith.com Phone: Office# (704) 525-5695 Mobile# (980) 418-2936 9. Landowner(s)of Record (attach accompanied page to list additional owners): City of Statesville (704) 873-3415 (704) 437-1143 Name Phone: Office# Mobile# PO Box 1111 915 Winston Ave. Current Mailing Address Current Street Address Statesville NC, 28687 Statesville NC, 28677 City State Zip City State Zip 10. Deed Book No. 3017 Page No. 2298 Provide a copy of the most current deed. Part B. 1. Company(ies)who are financially responsible for the land-disturbing activity(Provide a comprehensive list of all responsible parties on accompanied page.) If the company is a sole proprietorship or if the landowner(s)is an individual(s), the names)of the owner(s)may be listed as the financially responsible party(ies). City of Statesville rsmith@statesvillenc.net Company Name E-mail Address PO Box 1111 227 S. Center St. Current Mailing Address Current Street Address Statesville, NC 28687 Statesville, NC 28677 City State Zip City State Zip Phone: Office# (704) 878-3584 Mobile# (704) 840-6081 Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: -711/1-.6.1-7- r5' i- S it tz WI 1 Ie.r)c .0 t Name of Registered Agent E-mail Address 17ioxh ( 7-?...1 s . ,e , /, st, Current Mailing Address Current Street Address fbct,I C ,'.1- 2 11 ,t14L5/ (It X16 zIs(071 City State Zip City State Zip Phone: Office# 1 oif f ci- D - s i (( Mobile# 7 D 7 9 Y b ' i0 o 7) Name of Individual to Contact(if Registered Agent is a company) (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Name of individual to Contact (if Registered Agent is a company) (c) If the Financially Responsible Party is engaging in business under an assumed name, give name under which the company is Doing Business As. If the Financially Responsible Party is an individual, General Partnership, or other company not registered and doing business under an assumed name, attach a copy of the Certificate of Assumed Name. Company DBA Name The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information should there be any change in the information provided herein. 441\1 T e or print nam Title or Aut�onty� gfr4,44 0/3/ /25 Slg'iature Date 1, Q - , a Notary Public of the County of '2-ft,A4,11 State of North Carolina, hereby certify that "� appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him/her. Witness my hand and notarial seal, this 0211 day of NovR.,,,,,, Y , 2013 lAterk Notary Seal My commission expires o3—d` a,J Brenda Fugett 5 Notary Rom Veda County North Carolina - 35 ti M Commission Ex•lras+, __ '�,�.3 Continued from Items 9 & 10 in Part A of the Financial Responsibility/Ownership Form for multiple owners. Attach copies of this page as needed to list all landowners. Landowner 2 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 3 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 4 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Landowner 5 of Record: Name Phone: Office# Mobile# Current Mailing Address Current Street Address City State Zip City State Zip Deed Book No. Page No. Provide a copy of the most current deed. Continued from Item I in Part B of the Financial Responsibility/Ownership Form for multiple parties. Attach copies of this page as needed to list all financially responsible parties. Company 2 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 3 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 4 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# Company 5 Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Phone: Office# Mobile# ROY COOPER t3;r� _ !1 Governor ,ti ELIZABETHS.BISER k� 'J j1r� �. Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Envtror+mentalQuality July 21,2023 LETTER OF APPROVAL WITH MODIFICATIONS City of Statesville Attention: Ron Smith, City Manager 301 South Center Street Statesville,North Carolina 28677 RE: Project Name: Statesville Utility Yard Project ID: IREDE-2023-018 Acres Approved: 11.9 County: Iredell City: Statesville Location: Winston Ave/SR134 River Basin: Yadkin-PeeDee Stream Classification: Other Submitted By: WithersRavenel Date Received by LQS:July 7,2023 Plan Type: Revised Dear Mr. Smith: 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 NCG010000 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/NCG01. Please direct questions about the eNOI form to the Storrnwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future,the new responsible party must obtain anew COC. Title 15A NCAC 4B .0118(a)and the NCGO 1 permit require that the following documentation be kept on file at the job site: Noah Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources n= ftft1)"k92) Mooresville Regional off ice 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina ZS 115 M-6634699 • Letter of Approval with Modifications City of Statesville July 21,2023 Page 2 of 3 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. 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-5 1 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, /)0/mAfr. eA Jerry W.Eplin,PE Assistant Regional Engineer • Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCG01 Fact Sheet c: WithersRavenel Attention: Chuck Boecker,PE 424 Gallimore Dairy Road, Suite C Greensboro,North Carolina 27409 �� r'/� North Carolina Department of Environmental Quality i Division of Energy,Mineral.and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 arnl 704.663-1699 Letter of Approval with Modifications City of Statesville July 21,2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Statesville Utility Yard Project ID: IREDE-2023-018 County: Iredell Reviewed by: Jerry W. Eplin,PE 1. A 20-foot-wide limit of disturbance (LOD)is shown around the southern and eastern portion of the site. Based upon conversations with the Engineer,the referenced disturbance is for cutting trees while leaving the roots,and, for fence installation,with no disturbance to the stream that the LOD crosses. Modify Sheets C6.00 and C6.01 to indicate that there will be no disturbance to the streams, and that only tree cutting while leaving the roots, and fence installation with no impact to stream and no grading. Also indicate that if equipment must cross the stream at any point,timber mats must be utilized. 2. All temporary diversions installed in Phase I must remain as long as possible in Phase II. Temporary diversion 1 must remain, maintaining positive drainage to the basin,until the storm drain system on each side of the diversion is operational. Due to the critical nature of this part of the construction sequence, the pre-construction meeting with the DEQ•DEMLR erosion and sediment control inspector should be considered mandatory. 3. Provide outlet protection for the discharge location of the proposed storm drain along Winston Avenue. 4. The emergency spillway for Basin#3 should not be at the same elevation as the top of berm. The emergency spillway should be at least one foot below the top of berm, as per the North Carolina Erosion and Sediment Control Planning and Design Manual. Additionally,the riser elevation shown on Sheet C8.00 does not match the riser elevation shown in the SCM profile view. Please correct this drawing. 5. Provide two updated full-sized sets of drawings to this office within 2 weeks,or prior to starting land disturbance,whichever is sooner. 6. 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] Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 281 1 5 704 663.1699 Fact Sheet on the New NCGO1 Permit _EQ April 2019 -� T ie NC. onstr�rct'siie`6eneral Permit. also fina-• ••I.-. 'wa rerr. on p a J13:°Tli�. .l�dla ei '.pe ir�(f - --'-- - ;=.:- .fir.. �,€- es; P ;, •:•,:.;'�;�-: • h7�.rwI:Y�.-fIS.'•"A'J.:r�is.;-..,.'. . '.:-):�':.' _ 1•.:i;._.G��'r.'�it•5:•i [;.iLi: _ :e: ;1/ SiL'..,..-.^;.':.'.'.� ..Q•tif.•, `does`not-sl nificai tl' than e: he•measbires'that are re. ul ed to#je,lrit 1+3mer ted1Orr:constr tjon sites:'�HovHev„dr;.!.:. - *reate•some.org, rjI ationaJ'and'techn)cal t a es to. he 0,kiit'•asdescribed l}efawc,Mas:notably;tfiet, :isa;_rjew ..'..: .i'-!i•i:y:.- �r<i�.i ',ti -.%rt r_� ' [Li 1 .. .il t •.i pprocess-in:wliic 'tolls ruction sites wilt obrain:offielal;coverage>under.,an'NCG '1 p_r tt. totfgl an'ele roliic:'::= '.' ;x ..- .�h. tea.;:;; �,�:: :�;';�:: ,a.:<:�-:,•: �- .,:y.;•.��, �,3::�c::.: oce.k..0EML `dr ed w�fh a btbad:.'team of stakehofders'tarri k`a ,.of thes 'u t ates:-lf ya' J�aJ'e,.claesfions,. `. ;: Annefe-alas ricde r. ov:o 9 4'-70 : di'.. ••= _.. '::; .:: °`conta i'Ani tfZ, ucake• @ n e : .., •, Z. . <f?`°<.'. ,; ;: _;° ,,.,.•r.,:•. ..y.:•'ci3t'Z't.t.;h;F:a?'^uz" ..,...-••i.:;:asa:.. - ...?*.7z::,��.:.+:=[.. ...�-. .�:-•_._. .<. • .. • Organizational Updates Acronyms to Know The new permit: COC: Certificate of Coverage,proof of coverage under an NCG01 permit • Repeats state requirements for E&SC DEMLR: NC Division of Energy,Mineral,and Land Resources Plans and organizes them with federal E&SC: Erosion&Sedimentation Control construction activity requirements; e-NOI: Notice of Intent,application form for the NCGO1 permit • Is clearly organized by topic;and e-NOT: Notice of Termination,form for closing out the NCG01 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan,required by the NCG01 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);1 • 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 The NCGO1 Process "calendar days"for clarity and The new NCGO1 applies to permits approved on or after April 1,2019. consistency(p,11-14);2 Permittees will no longer receive a copy of the NCG01 permit in the mail • Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the (during business hours)to at least once per 7 calendar days and after permit.Federal rules require that DEMLR receive an NOI on each every storm>1.0 inch(previously 0.5 construction project and issue each construction project its own COC. inch);3 and Under the new NCGO1 process,construction sites will continue to • Excludes weekends,state and federal receive approval for E&SC Plans from either DEMLR or the delegated holidays from normal business hours local E&SC program just like before.After receiving E&SC Plan approval, unless construction activities take permittees will officially obtain coverage under the NCGO1 by place(p.23). completing an e-NOI(available at dea.nc.eov/NCG01). The e-NOI will only take about 20 minutes to fill out and submit on-line. 1 This list is based on website guidance Initially,there will be no charge associated with applying for an NCG01 by the DEMLR Sediment Program. 2 The number of calendar days was permit but on or around June 1,2019,DEMLR will begin charging a$100 selected to be as equivalent as annual general permit fee as required per§143-215.3D. possible with the previous permit. DEMLR is working on creating a single application form that will allow an 3 The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCG01 to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at DEMLR. .r �1f'^:-�• .;,�,Y,.tj °:r::.�':i.e,„•ti..:.' - .>•vw _ 1•:•••^ :r4 �e �F',Yw 'T,•.X:.r: J:"- - F:=7- .fa� .y... .� r'•. •:�"_. :�ya:�:;a r'• .�"ai. :-'v7. :1Y. �/ s• ,r,"'y i •' a�` .4 0.,:..1 - - - ��.. .6 -� 'rrr •--'sa'17 . •.0.,. _.3.�•::1'raS:�1.'Q' •li:;"� r�.c • •i•`..:1... .<}.: Lax�%w'-4 -!: ;-, r ye4 !; ..J..��w.•n _ •�.bc. i-:.it:•'ry� r. . .y:r-�.<r:,• c •°..^Ca �..7..^{: i. -....,1!±;..: 5:�:IL='t'r:.r•SYt,{-'¢�:'7G.,•.q..� S•,'�4�7's��:Yr"•iiti r'•,rR.• t'•S!s'.:-:�'it:•-.- -.S :.t�✓ :x��'. ��.�:!.i�*.e=v':.T.^: r: .y--iSt•.-:'l�i�%'�•_•.4i•�..t.r...:o-a1•Yt. .. Why do construction sites have to do this extra application step? How does the new NCGO1 affect the DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs? site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review that combines the E&SC plan approval and e-NOI processes,but that will and approve E&SC plans.However, take more time.For now,DEMLR has created an efficient e-NOI process. they will no longer send copies of the NCGO1 with E&SC Plan approvals. If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to new NCGO1 permit,but will not need to fill out an e-NOI or pay an annual advise permittees that they must permit fee.However,the permittees should print the new permit and the submit an e-NOI to DEMLR. 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 deo.nc.gov/NCGO1 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 e-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 dea.nc.gov/NCGO1 to submit an e-NOI form to DEMLR. Local programs are not required to The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e- (within three days*).The permittee must print and retain a copy of the NOls to DEMLR.However,if they wish permit and the COC on site.Initially,the COC will be issued for free but on to do this voluntarily,there will be a or around June 1,2019,a$100 annual general permit fee will be charged. tool available on DEMLR's web site for them to view a list of construction Who is allowed to submit an e-NOI form? projects that have submitted e-NOls. Submittal must be by a responsible corporate officer that owns or operates the activity,such as a president,secretary,treasurer,or vice When local programs close out an E&SC president or a manager that is authorized in accordance with IV.B.6 of the Plan,the close-out letter will advise NCGO1 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e- permit. It is possible for consultant to prepare the e-NOI,save it as a draft, NOT. DEMLR will provide sample and email it to the responsible entity for signature&submittal. language. What happens to the COC when the construction activity is complete? Local programs may approve E&SC When a project is complete,the permittees will contact DEMLR or the local plans that meet state sediment laws delegated program to close out the E&SC Plan.After DEMLR or the local and rules even if those plans are not E&SC program inform the permittee of the project close out via inspection compliant with all of the NCGO1 requirements.However,their report,the permittee will visit deo.nc.eovINCG01 to submit an e-NOT. permittees will be required to add two Will there be a grace period for adherence to the new process? plan sheets(which will be provided by DEMLR does not have the authority to grant a grace period from a DEMLR)to their E&SC Plans to ensure federally mandated permit.Permittees will be informed of the new that they fully comply with the ground process via web site,E&SC Plan approval letters and list servs. If a stabilization, materials handling,and construction activity disturbs one acre or more(or is part of common plan inspection,record-keeping and of development that disturbs one acre or more)fails to submit an.e-NOI reporting portion of the NCGO1 permit. 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. Or 24 business hours for a project approved under the DEMLR Express review program. el ct ,.= . 5 4; c)... i p.( .2 d; p '�cgd 4> W o p .-. izi a o b �., 4) 0 O O p -a b 0 0 "d 'i ct M Q p I TA glii •5 y ct • a o �- a . /) -C El M b . 4 b 1l7O •P.I aat E Pm. ft 1 fit', O glr4 CI 4) 43 O = N :CI j le! VI -he -4.1 E=tU 4' e cl.) : L.), qt CU 4 GI3 O• W O y ,b .a .'" — 43 O © GAO V� �--i p •o > ^d a ct CI .� o O IC) u s_ CI V „� .s: A 4