HomeMy WebLinkAboutNCC190526_ESC Approval Submitted_20190606Energy, Mineral
and Land Resources
BNVIAONMBNTAL QUALITY
June 4, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
Duke Energy Progress, LLC
Attention: Bennett V. Deese Jr., Project Manager
410 Wilmington Street NC 15
Raleigh, North Carolina 27601
RE: Project Name: Marshall Steam Station Dual Fuel Firing Project
Acres Approved: 2.4
Project ID: CATAW-2019-021
County: Catawba, City. Terrell
Address: 8320 East Highway 150
River Basin: Catawba
Stream Classification: WS-IV, B; CA
Submitted By: Duke Energy Progress, LLC
Date Received by LQS: May 16, 2019
Plan Type: New
Dear Mr. Deese:
ROY COOPER
Govemor
MICHAEL S. REGAN
Secrelary
S. DANIEL SMITH
Interim Director
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 413.0129.
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 NCGO10000 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.ne.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.
Stale of North Carolina Environmental Quality I Energy, Mineral and Land Resources
Mooresville Regional Office 1 610 Fast Center Ave Sic 301 Mooresville, NC 28115
704 663 1699 T
Letter ofApproval with Modifications
])like F.,nergy Pro,
gress. LLC
June 4. 2019
INge 2 or 3
Title 15A !CAC 4B .01180) and the NCGOI permit require that the Rillowing docurtientation be keNnm Hic at
the job she:
Ile app-oved E&SC plan as well as any q1noved cleviation.
2. The NCGOI pernit and the Ci C7. once it is received.
3. ReuxAs of Nspations ruade chming the prevkm 30 days.
Ako, this letter gives the notice rquirod by G.S. 113061.1(a) or Our right of periodic inspection lo insure
uAripliance vvith the approved lAan.
North Carolina's Sedimentation Pollution C'onVM AO is perforniance-oricnted, raynnng, Inotection ofe\isfingo
naunal resources and Qgning Inoperdes. T follo"ring the conimencenient of this pr(�jcct. the erosion and
salimentation control plan is inadequate to meet to rquirerneriN ofthe Sedhwntmion MkWort CAnHnd Act of
1973 (10-th (Arohna Wrieml Swurte 113A-51 through 66), this office may reqUire revisions to the plan and
irrip[ementation or the rcvkimis to il"ISLIN compliance with the Act,
Accepance and zWprovW or this plan is condidoned ufxni your compliance with Federal wid Slate weaer quahly
law, regulatkms, and rUICS. Ili addition, local city or county ordinances, or rules may also apply, to this land-
disaThing MCI. This appmal does not supersede any other permit orapproval.
Please note that this approval is based in part oil the accurzicy or the inknnation provided in the Fin",111cial
Responsibility Form. which you provided. You are requested tan file ann aniended form if there is any change ill
the inl'ormation included on (lie forrn. In addition. R %"ndd he helpAd i r you notify, this office ofthe proposed
surt-ting clate for this project.. ])lease notify, us if you plan to) Inv a prmonwwdon conference.
Your cooperation is apprechited.
shwem"',
X,
Tarnem lvplin� 1"1',
Assistant Reional F"Ilgincer
Land Qualiry Section
Enclosures: Ortilicate orAllinwal
Modifications Required for Approval
cc via E-mul Una Woodward, Duke Energy,
C: William (}oh, PE I Bums & McDotnwii ConmKilix In, 19400 Ward Parkway I Kansas City, MO 64 t 14
InspectOn Deparnnem
Letter of Approval with Modifications
Duke Energy Progress, LLC
June 4, 2019
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Marshall Steam Station Dual Fuel Firing Project
Project ID: CATAW-2019-021
County: Catawba
Modifications pursuant to applicable North Carolina General Statutes and/or Regulations:
Any off -site borrow and waste required for this project must come from a site with an
approved erosion control plan, a site regulated under the Mining Act of 1971, or a landfill
regulated by the Division of Solid Waste Management. Trash/debris from demolition
activities or generated by any activities on site must be disposed of at a facility regulated by
the Division of Solid Waste Management or per Division of Solid Waste Management or
Division of Water Resources rules and regulations. [ 15A NCAC 4B .0110]
2. 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]
Additional Comments:
1. This review is for erosion and sediment control only. Approval of this erosion and sediment
control plan does not supersede any requirements or provisions of North Carolina Senate Bill
729, "The Coal Ash Management Act", as amended, the North Carolina Dam Safety Act of
1967, as amended, or any other applicable regulation.
2. The NPDES General Construction Stormwater Permit does not supersede any existing or
potential wastewater and/or industrial stormwater permit requirements, or any other
applicable regulation.
Fact Sheet on the New NCGO1 Permit
April 2019
The NC Construction General Permit (also known as " NCG0V) 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.lucas@ncdenr.gov 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);'
• 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).
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-NOL 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 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 NOI 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 a-NOI (available at deq.nc.gov/NCGO1). The a-NOI 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 §143-215.30.
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.
Q&A About the New NCGO1 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 NCGO1 permit, but will not need to fill out an a-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.eov/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.eov/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
NCGO1 permit. Additional signatory options are set forth in IV.8.6 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.Rov/NCG01 to submit an a -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
NCGO1 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 NCGO1
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.