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HomeMy WebLinkAboutNCC231368_ESC Approval Submitted_20230508 SATr d ri • /A/. ROY COOPER 0 ' Governor Y ' ,,,,y) ELIZABETH S.BISER +r 'Mnn A>`' � Secretary `�'"^`m"' DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality February 6,2023 LETTER OF APPROVAL WITH MODIFICATIONS MV Commercial Construction ATTN: Nicholas J.Johnson, Secretary—Registered Agent 823 Gervais Street, Suite 200 Columbia, SC 29201 RE: Project Name: Ramsey Street CCSS Acres Approved: 3.00 Project ID: CUMBE-2023-089 County: Cumberland, City: Fayetteville, Address: Ramsey Street River Basin: Cape Fear Stream Classification: Other Submitted By: Gradient,PLLC Date Received by LQS: January 13,2023 Plan Type: New Dear Mr. Johnson: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications. A list of the modifications and reservations is attached. 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 4B .0129. Should the plan not perform adequately, a revised plan will be required(G.S. 113A-54.1)(b). As of April 1,2019,all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the form is reviewed and found to be complete,you will receive a link with payment instructions for the$100 annual permit fee. After the fee is processed,you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Paul Clark at paul.clark(c�ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days.A$100 fee will be charged annually until a Notice of Termination is issued. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. If the owner/operator of this project changes in the future,the new responsible party must obtain a new COC. 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,once it is received. 3. Records of inspections made during the previous 12 months. � North CaillrolinaRegional Of Departmentfi 1 of225 EnvironmentalGreenStreet.Quality ( DivisionFayetteville.of EnergyNorth.,Mineral Carolina and Land28301 Resources vORI CAPCt tL AE •/ e ce Department a Emironmentl OuaN r.'/ 910.433.3300 Letter of Approval with Modifications MV Commercial Construction February 6,2023 Page 2 of 3 Also,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. Title 15A NCAC 4B .0118(a)requires that a copy of the approved erosion control plan be on file at the job site. Also, 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. 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, it is determined that 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 the form. This permit allows for a land-disturbance, as called for on the application plan,not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee.In addition,it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, .,1070- 7L Evangelyn Lowery-Jacobs Environmental Engineer DEMLR Enclosures: Certificate of Approval Modifications Required for Approval NPDES NCGO1 Fact Sheet ec: James B. Reed, Gradient,PLLC Jason Everage, City of Fayetteville Inspections Office cc: DEMLR-Fayetteville Regional Office Letter of Approval with Modifications MV Commercial Construction February 6,2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Ramsey Street CCSS Project Number: CUMBE-2023-089 County: CUMBERLAND Provide two full-size copies of the revised plan sheets(G-01,EC-01,DT-01A,DT-01B)corresponding to the e-mail/PDF received in the NCDENR office on January 31,2023,prior to beginning any land disturbing activity. Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities y •^( W o w Ct pi .-. WI •5 u o6 I • •I .o ta et C .� x ICI wo CI CA o ,�, © CC I it ct ��CA$plh Ctcl) of Cl.) U° ToybN ,� � e,? 6, '+—' U mil" � � ,�,� WI I f Wo $,FVl rs �'� iIa 1 a) o : a)..i., crl 6, O a) a '�' � � maai.y , Z z E O \,?d < � -4., U � U �, c, zct: V� P'� - •�n �Jo' Cl.) g e� ° © ae u �' o aA clo �,,,� 0 E C. •- : aCiJ 0 Cat 6 a) t, C� - �r : y ° 6 et -1� 4704 y = U Cis G..• C': - CI at U CI CI) A U Fact Sheet on the New NCG01 Permit , ,QEQ d April 2019 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 NCGO1 permit through an electronic process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions, contact Danny Smith at danny.smith@ncdenr.gov or(919)707-3639. Organizational Updates Acronyms to Know The new permit: COC: Certificate of Coverage, proof of coverage under an NCGO1 permit • Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources Plans and organizes them with federal E&SC: Erosion &Sedimentation Control construction activity requirements; e-NOI: Notice of Intent, application form for the NCGO1 permit • Is clearly organized by topic; and c-NOT: Notice of Termination,form for closing out the NCG01 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1 Technical Updates • The new permit: a • Requires that the E&SC Plan meet SWPPP requirements(p. 2); - 44. t+. � $� • Provides a list of items that must be ,Ozc included in the SWPPP, such as the ri s • A construction sequence plans � � � � � �� � calculations, etc. (p. 2-4); • Has updated language on bypasses and - upsets that is tailored to construction X Y a activities (p- 10)' s • Puts all timeframes for inspections, record-keeping and reporting in The NCGO1 Process "calendar days" for clarity and The new NCGO1 applies to permits approved on or after April 1,2019. consistency(p. 11 14);Z Permittees will no longer receive a copy of the NCG01 permit in the mail • Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the (during business hours)to at least permit. Federal rules require that DEMLR receive an NOI on each once per 7 calendar days and after construction project and issue each construction project its own COC. every storm > 1.0 inch (previously 0.5 inch);3 and Under the new NCGO1 process, construction sites will continue to • Excludes weekends, state and federal receive approval for E&SC Plans from either DEMLR or the delegated holidays from normal business hours local E&SC program just like before.After receiving E&SC Plan approval, unless construction activities take permittees will officially obtain coverage under the NCGO1 by place (p. 23). completing an e-NOI (available at deq.nc.gov/NCG01). The e-NOI will only take about 20 minutes to fill out and submit on-line. 1 This list is based on website guidance by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCG01 2 The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100 selected to be as equivalent as annual general permit fee as required per§143-215.3D. possible with the previous permit. DEMLR is working on creating a single application form that will allow an 3 The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCGO1 to the inspection schedule. 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? How does the new NCGO1 affect the DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs? site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review that combines the E&SC plan approval and e-NOI processes, but that will and approve E&SC plans. However, take more time. For now, DEMLR has created an efficient e-NOI process. they will no longer send copies of the NCG01 with E&SC Plan approvals. If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to new NCG01 permit, but will not need to fill out an e-NOI or pay an annual advise permittees that they must permit fee. However,the permittees should print the new permit and the submit an a-NOl to DEMLR. two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the nesv•WG01? $ Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCG01 that _ can be placed into the E&SC plan set.The first covers the site stabilization • V �. and materials handling portions of the permit. The second sheet covers � .;,: "+ the inspection, record-keeping and reporting portions of the permit. ""! ., - tr' :��„ � How will the new e-NOI 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 •g p g letter will instruct the permittee to visit deq.nc.gov/NCG01 to submit an e-NOI form Local programs are not required to to DEMLR.The permittee may begin the construction activity after check if permittees have submitted e- submittal of the e-NOI.The permittee is required to print a copy of the NOls to DEMLR. However, if they wish permit and retain it on site. Initially,the COC will be issued for free but on to do this voluntarily,there will be a or around June 1, 2019, a $100 annual general permit fee will be charged. tool available on DEMLR's web site for them to view a list of construction Who is allowed to submit an e-NOI form? projects that have submitted e-NOls. Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president,secretary,treasurer, or vice When local programs close out an E&SC president or a manager that is authorized in accordance with IV.B.6 of the Plan,the close-out letter will advise NCG01 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e permit. It is possible for consultant to prepare the e-NOI, save it as a draft, NOT. DEMLR will provide sample and email it to the responsible entity for signature &submittal. language. Local programs may approve E&SC What happens to the COC when the construction activity is complete? plans that meet state sediment laws When a project is complete, the permittees will contact DEMLR or the local and rules even if those plans are not delegated program to close out the E&SC Plan. After DEMLR or the local compliant with all of the NCGO1 E&SC program inform the permittee of the project close out via inspection requirements. However, their report, the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT. permittees will be required to add two Will there be a grace period for adherence to the new process? plan sheets (which will be provided by DEMLR does not have the authority to grant a grace period from a DEMLR)to their E&SC Plans to ensure federally mandated permit. Permittees .' s- 's . n-. . .- a- , that they fully comply with the ground process via web site, E&SC Plan approval letters and list servs. If a stabilization, materials handling, and construction activity disturbs one acre or more (or is part of common plan inspection, record keeping and of development that disturbs one acre or more)fails to submit an e-NOI reporting portion of the NCG01 permit. 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.