HomeMy WebLinkAboutNCC202095_ESC Approval Submitted_20200601ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Brian Wrenn
Acting Director
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NORTH CAROLINA
Envtronmental Quality
May 11, 2020
LETTER OF APPROVAL
Forsyth Technical Community College
Attention: Michael Barnette, Manager
2100 Silas Creek Parkway
Winston-Salem, NC 27103-5197
RE: Project Name: FTCC — Retaining Wall and Stream Restoration
Project ID: FORSY-2020-029
Total Acres: 1
County: Forsyth
River Basin: Yadkin -Pee Dee
Project Location: Oak Grove Rd SW — Winston-Salem
Submitted By: Fleming Engineering
Date Received by LQS: May 8, 2020
Plan Type: Institutional — 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 d Division Energy, Mineral and Land Resources Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1Winston-Salem, North Carolina 27105
336-776-9800
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Be advised the NC Construction General Permit (also known as "NCGO1 ") 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
project.
Sincerely,
Scott Si
Assistant Regional Engineer
Land Quality Section
Cc:
Fleming Engineering
8518 Triad Dr.
Colfax, NC 27235
Fact Sheet on the New NCG01 Permit _DEQU
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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);'
• 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);z
• 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.
' 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 N01 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 deq.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 NCG01 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-NOI 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 NCG01 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 deg.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-NOI form
to DEMLR. The permittee may begin the construction activity after
submittal of the e-NOI. 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.B.6 of the
permit. It is possible for consultant to prepare the e-NOI, 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-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 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-NOI 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 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,