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HomeMy WebLinkAboutNCC201538_ESC Approval Submitted_20200421ROY COOPER Governor NHCHAEL S. REGAN Secretary Brian Wrenn Acting Director M STATF' q owM NORTH CAROLINA Environmental Quality April 9, 2020 LETTER OF APPROVAL Teramore Construction, LLC Attention: Joe Stricikland, Member 214 Klumac Road Suite 101 Salisbury, NC 28144 RE: Project Name: Dollar General Summerfield Project ID: ROCKI-2020-015 Total Acres: 2.06 County: Rockingham River Basin: Cape Fear Project Location: US 158 Submitted By: BREC Date Received by LQS: April 2, 2020 Plan Type: Commercial — Express - New This office has received a soil erosion and sediment control plan for the project listed above which was submitted as required by the North Carolina Sedimentation Pollution Control Act (G.S. 113A-57 (4)). The Act requires that all persons disturbing an area of one or more acres of land must obtain approval of a soil erosion control plan prior to the commencement of the land -disturbing activity (G.S. 113A-54(d) (4)). The Act further states that this plan must be filed a minimum of 30 days prior to the activity and the approving authority must approve or disapprove the submitted plan within 30 days of receipt. Failure of the approving authority to approve or disapprove the submitted plan within the 30-day period will be deemed approval of the plan. Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act prior to the approval of an erosion and sediment control plan is a violation of the Act. The approval of an erosion and sediment control plan is conditioned on the applicant's compliance with Federal and State water quality laws, regulations and rules. Please note additional information may be requested during the review of your ESC plan, and ESC plans are reviewed in the order received. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Winston-Salem Regional Office 1450 Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336-776-9800 Be advised the NC Construction General Permit (also known as "NCGO 1 ") 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. Most notably, there is a new process in which construction sites will obtain official coverage under an NCGO1 permit through an electronic process, after the soil erosion and sediment control plan approval is issued. For assistance and guidance with the revised 2019 NCGO1 (Construction Stormwater General Permit NCGO10000) as adopted on April 1, 2019, please use the following link: https://deg.nc. gov/about/divisions/energy-mineral-land-resources/energy-mineral-land- permits/stormwater-permits/construction-sw If you have questions, please do not hesitate to contact our office at (336) 776-9800. Your cooperation in this matter is appreciated and we look forward to working with you on this proj ect. Sincerely, Scott Sink--' Assistant Regional Engineer Land Quality Section Cc: JYEC 126 Executive Drive Suite 220 Wilkesboro, NC 28697 vi � Z O � .•i •Pm •� rl •� •Plm 4-o rA O [ .P cd v� .O C5 O O 0 4-4 4-1 � O Fact Sheet on the New NCG01 PermitD Q 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 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);1 • 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). 1 This list is based on website guidance by the DEMLR Sediment Program. Z 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 coverage under 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 NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The NCG01 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 NCG01 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 NCG01 by completing an e-N01 (available at deg.nc.gov/NCG01). The e-N01 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 §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NGG01 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 e-NOI processes, but that will take more time. For now, DEMLR has created an efficient e-N01 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 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 NCG01? 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 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 either DEMLR or the delegated local E&SC program like before. The E&SC approval letter will instruct the permittee to visit deq.nc.gov/NCG01 to submit an e-N01 form to DEMLR. The permittee may begin the construction activity after submittal of the e-N01. 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 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 NCG01 permit. Additional signatory options are set forth in IV.6.6 of the permit. It is possible for consultant to prepare the e-N01, 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.gov/NCG01 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 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 e-N01 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 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 e-NO► 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-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,