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HomeMy WebLinkAboutNCC240303_ESC Approval Submitted_20240209 __-,;,sTArE 0, s0o ,,o.vn O :1/4 • P •ROY COOPER 15 = 'r' Governor ELIZABETH S.BISER ` ,. * „ '.= Secretary roow 4arQUAMv WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality January 22, 2024 LETTER OF APPROVAL North State Environmental, Inc ATTN: Ms. Stephanie Westmoreland 2889 Lowery St. Winston-Salem, NC 27101 RE: Project Name: Gamewell Park:Abingdon Creek Restoration Acres Approved: 2.96 Project ID: CALDW-2023-058 County: Caldwell City: Gamewell Address: Old Morganton Rd. River Basin: Catawba Stream Classification: C Submitted By: Jennings Environmental - Dr. Greg Jennings, PhD, PE Date Originally Received by LQS: June 19, 2023 Date Revision Received by LQS: January 12, 2024 Plan Type: Stream Restoration Dear Ms.Westmoreland, 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 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(eNOl) 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 $120 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 North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Asheville Regional Office 12090 U.S.Highway 70 I Swannanoa,North Carolina 28778 0O61TH CM,AJ L. Doanmem m em.amam,i nr� /� 828.296.4500 Letter of Approval North State Environmental, Inc ATTN: Ms. Stephanie Westmoreland January 22, 2023 Page 2 of 3 activity. The eNOI form may be accessed at deq.nc.gov/NCG01. 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 NCG01 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 12 months. 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. Sp ere , Mic el Smith W' Assist nt Regional Engineer Land Quality Section Letter of Approval North State Environmental, Inc ATTN: Ms. Stephanie Westmoreland January 22, 2023 Page 3 of 3 Enclosures: Certificate of Approval NPDES NCG01 Fact Sheet ec: Dr. Greg Jennings, PhD, PE GREG@JENNINGSENV.COM Mr. Zan Price, PLS, PE zan@jenningsenv.com Regional Office file cy •0-* -4 / cy C ..att. 4"" CO PM -4t CD .44 1"1 : © ‘ vs O- : : NI I c9 g kr) CJ .-rj ,1) "" = CI F.C1Z7 mg V 1 •O OO a'p.' \�� C gct "I P-i 5 -5 0 . ti) ,..$ <C „si ,,, 4, s., az, ..e c •� c � u ��K.�ARo j °' Q •= t1 O ,4 (76\ MI1 „: y O v..� ., , ,.. ,r., i E75.(%,,_4C, '"----.i ..,11_:;, 0 ' . * d au Z 1 t it J 5 a; a' ‘, ~ C V o C� ^c �, �, : t E g -I ) •w•5 W CJ • ct bA c° y - E pq - c -Z CD CD Ct too *a 1 1 Fact Sheet on the New NCG01 Permit -DEQ) April 2019 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 NCGO1 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(a@ncdenr.gov or (919) 707-3639. Organizational Updates Acronyms to Know The new permit: COC: Certificate of Coverage, proof of coverage under an NCGO1 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 NCGO1 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1 Technical Updates 1 . • The new permit: . . • Requires that the E&SC Plan meet SWPPP requirements (p. 2); w n e , i �+ ^ • 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 • Changes the inspection frequency 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 (during business hours)to at least permit. Federal rules require that DEMLR receive an NOI on each once per 7 calendar days and after construction project and issue each construction project its own COC. every storm > 1.0 inch (previously 0.5 inch);3 and Under the new NCG01 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 NCG01 by place (p. 23). completing an e-NOI (available at deq.nc.gov/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 by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCGO1 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 NCGO1 to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCG01 Permit Why do construction sites have to do this extra application step? How does the new NCG01 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 NCG01 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 NCG01 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. .,, Jx ti Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deq.nc.Qov/NCG01 that 111✓M• �� can be placed into the E&SC plan set.The first covers the site stabilization ` f tv and materials handling portions of the permit. The second sheet covers N f , � ' fit(' the inspection, record-keeping and reporting portions of the permit. L�MaHa +s`�a Kohufso ,- How will the new e-NOI submittal and COC process work? ,� - Permittees will apply for E&SC Plan approvals from either DEMLR or the delegated 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 Local programs are not required to to DEMLR.The permittee may begin the construction activity after check if permittees have submitted e submittal of the e-NOI.The permittee is required to print a copy of the NOls to DEMLR. However, if they wish permit and retain it 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 NCG01 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. Local programs may approve E&SC What happens to the COC when the construction activity is complete? plans that meet state sediment laws When a project is complete, the permittees will contact DEMLR or the local and rules even if those plans are not delegated program to close out the E&SC Plan.After DEMLR or the local compliant with all of the NCG01 E&SC program inform the permittee of the project close out via inspection requirements. However, their report,the permittee will visit deq.nc.gov/NCG01 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 NCG01 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.