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HomeMy WebLinkAboutNCC190618_ESC Approval Submitted_20190613Iredell County Planning & Development Erosion Control Section 349 North Center Street P.O. Box 788 Statesville, NC 28687 Date: May 10, 2019 LETTER OF APPROVAL WITH MODIFICATIONS Doug Compton CCT Statesville, LLC 3825 Edwards Road, Ste. 630 Cincinnati, OH 45209 RE: Project Name: Panera Bread & Aspen Dental Acres Approved with Modifications: 1.45 Project ID: STVLE-2019-079 Project Location: PIN 4745440879.000 Submitted By: David S. Abbey, P.E. Date Received: April 12, 2019 Plan Type: New Dear Mr. Compton: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and herby issue this Letter of Approval with Modifications. Modifications must be received in this office no later than two weeks prior to the project start date. Failure to submit modified plans can result in a violation and fine under the Iredell County Land Development Code. The Modifications required for Approval are listed on the attached page. The Certificate of Approval issued by Iredell County must be posted at the job site. This plan approval shall expire three (3) years following the date of this approval as is required by Title I 5A NCAC 413.0129 and Section 9.6.6 of the Iredell County Land Development Code. Title 15A NCAC 4B 0118(a) and Section 9.6.9 of the Iredell County Land Development Code requires that a copy of the approved erosion control plan be on file at the job site. Any amendments and/or revisions to the approved plan must be reviewed and approved prior to implementation in order for the site to remain in compliance. Failure to submit plans for approval may result in administrative actions and/or penalties as indicated in the Iredell County Land Development Code. Also, this letter gives notice as required by G.S. I I3A-61.1(a) and Section 14.2.2 of the Iredell County Land Development Code, of our right of periodic inspection to insure compliance with the approved plan. Iredell County's Sedimentation Pollution Control Program 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 Letter of Approval with Modifications Panera Bread & Aspen Dental May 10, 2019 Page 2 of 3 inadequate to meet the requirements of the Iredell County Land Development Code and 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 and Code. Acceptance and approval of this plan is conditioned upon your compliance with Federal, State, and County water quality Iaws, regulations, and rules. This approval does not supersede any other permit or approval. As of March 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 NCG010000 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/NCG01. 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 NCGOI permit. However, on or after May 1, 20I9, a $ I00 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. 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 is required that this office to be notified of the proposed starting date for this project. Please notify us when you plan to have a preconstruction conference. Your cooperation is appreciated. Si erely, Randall Moore, CESSWI, CFM Erosion Control Inspector 11 Enclosures: Modifications Fact Sheet on the New NCGOI Permit Letter of Approval with Modifications Panera Bread & Aspen Dental May 10, 2019 Page 3 of MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Panera Bread & Aspen Dental Project ID: STVLE-2019-079 County: Iredell Reviewed by: Randall Moore Required changes are designated as "RC" under legal authority from NC General Statutes Chapter 113A Article 4 and the Iredell County Land Development Code. Suggested changes are designated as "SC" for improvement of the plan. 1. In the Construction Sequence, the pre -construction meeting is first, then clear only to install the erosion control measures. -RC 2. in the Construction Sequence, call for an initial inspection by Iredell County Staff after measures are installed and prior to mass grading. -RC 3. Provide a silt sack detail. -RC 4. Provide a silt fence stone outlet detail. -RC 5. Provide hardware cloth and stone inlet protection detail. -RC b. Show floodplain on plans. -RC 7. Provide a copy of the Floodplain Development Permit from City of Statesville for work in the floodplain. -RC Fact Sheet on the New NCGO1 Permit March 2019 — The NC Construction General Permit (also known as "NCG01") was renewed on March 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. ov or (919) 707-6369. Organizational Updates The new permit: o Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; o Is clearly organized by topic; and o Has less text and more tables. Technical Updates The new permit: o Requires that the E&SC Plan meet SWPPP requirements (p. 2); n 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); c Puts all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);' e 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 a 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. 7 The number of calendar days was selected to be as equivalent as possible with the previous permit. 3 The intent is to provide predictability to the inspection schedule. Acronyms to Know COC: Certificate of Coverage, proof of obtaining 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 NCGO1 permit e-NOT: Notice of Termination, form for closing out the NCGO1 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1 714% U... �4A 91 AlF.i� 1 y�L Y' i The NCGO1 Process The new NCG01 applies to permits approved on or after March 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 NOI 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 de-egated local E&SC program just like before. After receiving E&SC Pian approval, permittees will officially obtain coverage under the NCGO1 by completing an a-NOI (available at deq.nc.gov/NCGQ1). 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 May 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 NCGO1 COC. That effort is part of a larger Permit Transformation project at DEMLR. &A About the New NC O1 Permit Why do construction sites have to do this extra application step? DEMLR is required by the US Environmental Protection Agency 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-N01 process. If an E&5C Plan is approved before March 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-NOl 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 dQq.nc.gov/NCGOI 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 their E&SC Plan approvals from either DEMLR or the delegated local E&SC program like before. The approval letter will instruct the permittee to visit deg.nc.eov/NCG01 to submit an a-NOI form to DEMLR. A COC will be issued within three business days. Then, the permittee will be responsible for printing a copy of the permit and retaining it on site. Initially, the COC will be issued for free but on or around May 1, 2019, a $100 annual general permit fee will be charged. Who is allowed to submit an a-NOI form? The officer, manager, or sole proprietor of the financially responsible organization may submit a-NOls. 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 deq.nc.govJNCG01 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. What will happen if an a-NOI is not submitted for a construction site? If a construction site that disturbs one acre or more fails to submit an e- 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 NC601 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-N01 to DEMLR. Local programs are not required to check if permittees have submitted e- NON 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.