HomeMy WebLinkAboutNCC192092_ESC Approval Submitted_20191001ROY COOPER
Governor
MICHAELS. REGAN
Secretary
S. DANIEL SMITH
Director
September 18, 2019
XW1111-11 LMI =tau &MIJ
River Walk 54, LLC
Cranford A. Jones
3705-A W. Market St.
Greensboro, NC 27403
RE: Project Name: Riverwalk Phase 3
Acres Approved: 7.85
Project ID: Alarm-2020-008
County: Alamance: City: Graharn
Location: Rasberry Run
River Basin: Cape Fear Stream Class: other
Submitted By: Borum, Wade & Associates
Date Received by LQS: September 17, 2019
Plan Type: Residential -- Express - New
Dcar Sir or Madarri:
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. '['his 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 NCA('-" 4B .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 NC G010000 Construction Stormwater General Permit.
This form MUST be submitted prior to the commencement of any land disturbing
activity on this project. The NO] form may be accessed at �j 1 1.
Please direct questions about the NON, forrn to Annette Lucas at
\iiiiettc,lticas(i,i)i,lccictir.g(.)�,, or Paul Clark at I-)aul.clai-k(ei)i,iccfeii.r,�)OV. After you
submit a complete and correct MCI Form, a COC will be tmlailed to you within
three business days, Initially, DEMLR will not charge a fee R)r coverage under the
NC GOI permit. However, on or after May 1, 2019, a $100 f'ee will be charged
annually..
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Title 15A NCAC 4B .01 18(a) and the NCGOI permit require that the following
documentation be kept on file at the job site:
1. The approved E&SC plan aswelI as any approved deviation.
2. The NCGOI permit and the CHIC, 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 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 theform. In addition, it would be helpful if you notify this office of the proposed
starting date for this prQject. Please notify us if you plan to have a preconstruction
conference.
Your cooperation is appreciated.
Sincerely,
01,11' Ltftl�r
Assistant Regional Engineer
DEMLR
Enclosures: Certificate of Approval
�NCGO1 Fact Sheet
Cc: Borum, Wade & Associates, P.A.
6,21 ELIgiene Court
Greensboro, NC 27401
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,=act Sheet on the New NCGO1 Permit
April 2019 QEQi
FYI
The NC Construction General Permit (also known as "NCGOV) was renewed on April 2, 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. DEM'LR 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) 707-3639.
Organizational Updates
The new permit:
• Repeats state requirements for E&SC
Plans and organizes, them with federal
construction activity requirements;
• is cllearly 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);
s Provides a, list of items that must be
included in the SWPPP, such as the
construction sequence, plans,
calculations„ etc, (p. 2-4);'
a Has updated language on bypasses and
upsets that is tailored to construction
activities (p, 10);
0 Puts all tirneframes for inspections,,
record -keeping and reporting, in
""calendar days" for clarity and
consistency (p. '11-14);'
a Changes the inspection frequency
(during business hours), to at least
once, per 7 calendar days and after
every storm > 1.0 inch (previously U.S
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 welbsite guidance
by the D,EMLR Sediment Prograrn,
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 1�
COC- Certificate of Coverage, proof of coverage under an NCGO1 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&S,C: Erosion & Sedimentation Controi
e-NOL Notice of Intent, application forrn for the NCGOI permit
e-1 Notice of Termination, form for ciosing out the NCGO1 permit
SWPPP, Stormiwater Pollution Prevention Plan, required by the NCGO1
The NCGO1 Process
Perrnittees will no longer receive a copy of the NCGO I permit in the mail
with their E&SC Plan aipprovals and be considered as covered Linder the
permit. Federal rules require that DEMLR receive an NOI on each
construction project sand issue each construction project its, own COC.
Under the new NCGO1 prcacess, construction sites will continue to
receive approval for E&SC Plans from either DEMLR or the delegated
local E&SC program jLASt like before, After receiving E&SC Plan a pprovai,
permittees will officially obtain coverage Linder the NCGO1 by
completing an e-NOl (available at dD_1.,Rqj1 govNCG. CI). The e-NCII will
only take about 20 minutes to fili out and submit on-line,.
Initially, there will be no charge associated with applying for an NCGOI
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 th:at will allowart
applicant to simultaneously apply foi- an E&SC permit and an NCGO1
CO:C. That effort is part of a larger Permit I ransformation project at
DEMLR.
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 e-N,011 processes, but that will
take more time, For now, DEMLR has created an efficient e-NO] process.
If an E&SC Plain is approved before April 1, which permit applies?
Projects with already approved E&SC Plans will automatically follow the
new NCGO1 perrnit, but will riot 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 NCGO1?
Yes, DEMLR will provide two sample plan sheets at deg-nc,gov/NCGO1 that
can be placed into the E&SC plan set. The first covers the site stabilization
and ma�terials, handling portions of the permit, The second sheet covers
the inspection, record -keeping and reporting portions of the perrnit.
How will the new e-NOl 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 decLnc T vJNCGO1 to submit an e-NOform
to DEMLR, The p,ermittee may begin the construction activity after
submittal of the e-NOL The permittee Is required to print a copy, of the
permit and retain it 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 e-l` O1 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.11.6 of the
NCGO1 permit. Additional signatory options are set forth in, N.B.6 of the,
permit, It is possible for consultant to prepare the e-NO1, 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 DEMLIR or the local
E&SC program inform the permittee of the project close out via inspection
report, the perrnittee will visit Of�g,a�,�oy IV GO 1 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 lust servs. Nf 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; e-NO1
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 NCGO1 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 ni
submit an eNOI 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 e-NOls.
When local programs close out an E&SC
Plan,, the close-out letter will advise
permittees that they must subrinit an e-
Nar, DEMLR will provide sample
language.
Local programs may approve E&SC
plains that meet state sediment laws
and rules even if those plans are not
compliant with alI of the NCGO1
requirements- However, their
perimittees 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, arid
inspection, record -keeping and
reporting portion of the NCGO1 permit,