HomeMy WebLinkAboutNCC190350_ESC Approval Submitted_20190522WATERSHED PROTECTION DEPARTMENT
CHATHAM COUNTY
NORTH CAROI.INA
Soil Erosion and Sedimentation Control
LETTER OF APPROVAL
May 22, 2019
ICG Homes, LLC
4020 Wake Forest Road, Suite 306
Raleigh, NC 27609
Project Name:
Chapel Ridge Lot 277
Project Number:
2019-04258
Acres Approved:
0.43
Submitted by:
Land Services
Date Received:
5/17/2019
To The Above Named Person(s) and/or Entity,
P.O. Box 548
Pittsboro, NC 27312
Website: www.chathamnc.org
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.
Erosion and Sedimentation Control Plan: This plan approval shall expire (2) years following
the date on this Letter of Approval, unless a Land -Disturbing Permit has been obtained within
that initial two-year period and remains in effect as provided in G.S. 164.12 (H). Active sites may
have the permit renewed by applying for renewal 30 days prior to expiration.
Section 10 (L) of the Chatham County Sedimentation and Erosion Control Ordinance requires
that a copy of the approved erosion control plan be on file at the job site.
North Carolinas 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 Chatham County Sedimentation and Erosion Control Ordinance, 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.
Inspections: 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.
Section 164.12 (I) of the Chatham County Sedimentation and Erosion Control Ordinance
requires self -inspections and monitoring for all sites receiving a Land Disturbing Permit. These
inspections can be done by the Financially Responsible Party, or an agent thereof. These
inspections must occur at a minimum of once a week and within 24 hours of any rain event of
1.0 inch or greater. Copies of inspection records and reports must be kept on site and produced
to Chatham County upon request.
NPDES General Stormwater Permit NCG01000: Please be aware that your project will be
covered by the new NPDES General Stormwater Permit NCG01000 (Construction
Activities). You must apply and receive the NCG01 Certificate of Coverage electronically
at the following website: https://deg.nc.gov/NCG01. The Electronic Notice of Intent,
or "e-NOI form", link is used to complete this step. After you submit a complete and
correct e-NOI form, a Certificate of Coverage will be emailed to you within three business days.
Please direct questions about the e-NOI form to the Stormwater Program Supervisor of the
North Carolina Department of Environmental Quality's Division of Energy, Mineral, and Land
Resources. Contact information is available on the "Contacts" page of the above -referenced
web site.
This form MUST be submitted prior to the commencement of any land disturbing activity on
the above named project. If a construction activity that disturbs 1 acre or more (or is part of a
subdivision or other common plan of development) fails to submit an e-NOI after the approval
of its erosion and sedimentation control plan, then then the permtttee is in violation of federal
permitting requirements and could be subject to penalty assessment.
If you are a homebuilder — you need only obtain (1) Certificate of Coverage per
subdivision, which will serve to cover all of your lots for that division. When completing
the e-NOI form. enter only the subdivision name. and do not list the lot number.
If you are a developer — you will need (1) Certificate of Coverage for each set of approved
plans in a subdivision.
Land -Disturbing Permit: A Land -Disturbing Permit will be issued by Chatham County only
after the above -referenced Certificate of Coverage is provided to Chatham County. Construction
activities can begin only after the Land Disturbing Permit is issued. Active sites may have the
permit renewed by applying for renewal 30 days prior to expiration. Chatham County's Land -
Disturbing Permit must be posted at the job site once received.
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. Please notify us when you would
like to schedule a preconstruction conference. Notification shall be given at least 7 days prior to
initiation of activity.
Respectfully,
o0aw 9&tAL,
Drew Blake, CESSWI
Watershed Specialist
Chatham County Watershed Protection Department
Enclosures: New NCG01 Permit Fact Sheet
Fact Sheet on the New NCG01 Permit E_`
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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 NCG01 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.lucasAnnette.lucas@ncdenrgov or (919) 707-3639.
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);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
"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);3 and
• Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
place (p. 23).
This list is based on website guidance
by the DEMLR Sediment Program.
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 NCG01 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCG01 permit
e-NOT: Notice of Termination, form for closing out the NCG01 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
The NCG01 Process
The new NCG01 applies to permits approved on or after April 1, 2019.
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
permit. Federal rules require that DEMLR receive an NCI on each
construction project and issue each construction project its own COC.
Under the new NCG01 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 NCG01 by
completing an a-NOI (available at deg.ncgov/NCG01/NCG01). The e-NCI will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCG01
permit but on or around June 1, 2019, DEMLR will begin charging a $100
annual general permit fee as required per §143-215.3D.
DEMLR is working on creating a single application form that will allow an
applicant to simultaneously apply for an E&SC permit and an NCG01
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?
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 a-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 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-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 deg.nc.gov/NCG01 to submit an a-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 a-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/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 a-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 a-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 a-NOIs.
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.