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HomeMy WebLinkAboutNCC191837_ESC Approval Submitted_20190913ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Director North Carolina Environmental Quality August 5, 2019 LETTER OF APPROVAL Leoterra Development, Inc. Christopher Lyons 3608 W Friendly Ave Suite 102 Greensboro, NC 27410 RE: Project Name: East Sunrise Storage Acres Approved: 7.67 Project ID: David-2020-0 10 County: Davidson: city: 'Thomasville Location: E Sunrise Ave River Basin: Yadkin Strearn Class: other Submitted By: DMP Date Received by LQS. July 11, 2019 flan Type: Commercial - Regular Dear Sir or Madam: 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 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 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 this project, The NOT form may be accessed at deq,nc,gov,,NCQ0l, Please direct questions about the N01 Corm to Annette Lucas at Annette.hicas"i , i..n.cdetir,gov or Paul Clark at After you submit a complete and correct NOI Form, a COC will be ernailed to you within three business days. Initially, DEMLR will not ch r a fee for coverage under the NCGOI permit. Howeve " or a $100 fee will be charged annually. _D'"armer� �f I - raonmentai -)ua ity Divisior of Fiergy rnrefa!,., & 'Re,,oure� Rcgona ""fficp 450 'Aest -1a9ps Vifl Road, SLA 00 Almston-,aiv, '75 Title 15A NCAC 4B .0118(a) and the NCGO1 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 NCGO1 permit and the COC, after it is received. 3. Records of inspections made during the previous 30 days. 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, 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 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. 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. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Sink Assistant Regional Engineer DEIVILR Enclosures: Certificate of Approval NCGO1 Fact Sheet Cc: Davis * Martin - Powell 6415 Old Hank Rmid I Iwdi Point. 27267, Aff act Sheet on the New NCGOI Permit Q E The NC Construction General Permit (also known as was renewed onApril 1L2019.The updated permit does not significantly change the measures that are required hmbeimplemented on construction sites. However, theremmesome � ` organizational �' d � � `| to ��o�tn�tabhy, there isahevv ' � ^ electronic pro����k,md1��construction�t�snvHubtairage under N[�OY ` rndtth n process. DEMLR worked 'with abroad team ofstakehnkd 6rytomake all ofthese updates. If you have questions, contact Annette Lucas at or 19' / 39. ' ' Organizational Updates The new permit: Repeats state requirements forE&3C Plans and organizes them with federal construction activity requirements; |sclearly organized bytopic; and Has less text and more tables. Technical Updates The new permit: p Requires that the E&SCPlan meet SWPPPrequirements (p. 2); • Provides a list of items that must be included inthe 5VVPPP,such usthe construction sequence, plans, -/ calculations, etc. (p. 2-4);' ° Has updated language onbypasses and upsets that istailored to construction activities (p.10); w Puts all dmefnamesfor inspections, record -keeping and reporting in "calendar days" for clarity and cnnsiotency(P. 11-14);2 m Changes the inspection frequency (during business hours) to at least once per 7calendar days and after every storm >1.Oinch (previously O.5 inch);' and • Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p. 23). This list isbased onwebskeguidance bythe DEIVILKSediment Program. The number nfca�endardays was selected tmbeasequivalent as possible with the previous permit. The intent istm provide predictability tothe inspection schedule. Acronyms toNnoW .' COC: Certificate ofCoverage, proof ofcoverage under anN[G01permit DEMUR: WCDivision ofEnergy, Mineral, and Land Resources E8,SC: Erosion & Sedimentation Control e-NOL Notice mfIntent, application form for the NCGO1permit e-NOT: Notice ofTermination, form for closing out the N[GOIpermit SVVPPP; S1ornnwaterPollution Prevention Plan, required bythe NCGO1 The NCGOlProcess The new NCGO1 applies bxpermits approved onorafter April jL2019. Permitteeswill nwlonger receive acopy ofthe N[G01pennhinthe mail with their E&SCPlan approvals and heconsidered ascovered under the permit. Federal rules require that DEMLKreceive anNO|oneach construction project and issue each construction project its own [OC. Under the new 0CGOI process, construction sites will continue to receive approval for E&5[Plans from either DEIVILRorthe delegated local E&SC program just like before. After receiving E&5C Plan approval, pernniUee»will officially obtain coverage under the NCGO1by completing ane-NA| (available at degnc.gov\. Thee-N[>| will only take about 2Ominutes tmfill out and submit on-|ine. initially, there will be nocharge associated with applying for aa N[G01 permit but omoraround June 1,2019'DEMLKwill begin charging aS1DO annual general permit fee anrequired per §143-21l3D. DEIVILR bworking on creating single application form that will allow an applicant tosimultaneously apply for anE&S[permit and onNCGO1 COC. That effort is part of a larger Permit "Transformation project at Q&A About the New NCGO1 Permit Why doconstruction sites have to: dothis extra application step? UEK8LR is required by the EPA to issue a specific COCto every construction site that disturbs one acre ormore. DEMLD is working to create a form that combines the E&S[p|an approval and e-N[}| processes, but that will take more time. For now, 0EMLR has created anefficient e'N0 process. if anE&SCPlan is approved before April l,which permit applies? Projects with already approved EQS[Plans will automatically follow the new NCGO1permit, but will not need tofill out ame-WOXorpay anannual permit fee. However, the permitteesshould print the new permit and the two standard detail sheets and have them on site. Will UEMLRoffer tools tohelp pennbtmmmcomply with the new NCG01? Yes, DEMLR will provide two nmmp|o plan sheets at that can beplaced into the E&3Cplan set. The first covers the site stabilization and materials handling portions mfthe permit. The second sheet covers the inspection, record -keeping and reporting portions ofthe permit. How will the new e-NOl submittal and [OC process work? Pemnhteeswill apply for E&SCPlan approvals from either DEMLRorthe delegated local E&S[program like before. The E8LSCapproval letter will instruct the pernitteetovisit tosubmit ane-NO|form toDEK4LR.The permbteemay begin the construction activity after submittal ofthe e-N0LThe permittmeiorequired tmprint aCOPY ofthe permit and retain it on site. Initially, the COC*viU be issued for free but on oraround June 1,2819,a$10Oannual general permit fee will bmcharged. Who iyallowed tusubmit ane-NONform? Submittal must bebyaresponsible 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 |V.8.6 of the NCG01 permit. Additional s�Qnatory options are set forth in |V.8.6 of the permit. it is possiWcfor consultant to prepare the e-N0' save it as a draft, and email ittnthe responsible entity for signature &submittal. What happens tuthe COCwhen the construction nctivbyiscomp|ete? When a project is complete, the perrnittoes will contact DEK4LR or the local delegated program to close out the E&S[ Man. After DGMLR or the local E&S[ program inform the pernnittee of the project dmsm out via inspection report, the perrmittecwill visit toSubmit ane-NOT. Will there beagrace period for adherence tothe new process? D20L8does not have the authority togrant agrace period from a federally mandated permit. PennitteesvvU|beinformed ofthe new process via web site, E&3C Man approval letters and list servs. If construction activity disturbs one acre or more (or is part of common plan ofdevelopment that disturbs one acre ormore) fails tosubmit one-N0 after approval ofits E&SCPlan, this isaviolation mffederal permitting requirements and the permitteecould besubject toapenalty assessment. How does the new NCGDlaffect the delegated local E&SCPrognsmns7 Local programs will continue 10 review and approve Ef\SCplans. However, they will nolonger send copies nfthe NCGO1with E&S[Plan approvals. DEK4LRwill provide sample language to use inlocal E8^SCPlan approvals to adviseparmittees that they must submit ane-NO|toDEMLR. Local programs are not required to check if permittees have submitted e- NOIs to DEMLR, However, if they wish to dothis voluntarily, there will be a tool available an DEIVILFYsweb site for them tuview alist nfconstruction projects that have submitted e-N0s. When local programs close out anE&SC Plan, the close-out letter will advise permhteosthat they must submit ane- WOT. DEMLR vviU provide sample language. Local programs may approve E&S[ plans that meet state sediment laws and rules even ifthose plans are not compliant with all ofthe NOSO1 requirements. However, their perrnittmoxwill berequired toadd two plan sheets (which will be provided by DEMLR) to their E&S[ Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NC601 permit.