HomeMy WebLinkAboutNCC203666_ESC Approval Submitted_20200825SEP 2 7 2019
ROY COOPER
Governor
MICHAEL S. REGAIN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
September 24, 2019
LETTER OF APPROVAL WITH PERFORMANCE RESERVATIONS
Epcon LR2, LLC
Attention: Scott Twiddy
500 Stonehenge Parkway
Dublin, Ohio 43017
RE: Project Name: Courtyards on Lawyers Road
Acres Approved: 42.56
Project ID: UNION-2019-076
County: Union
City: Stallings
Address: Lawyers Road
River Basin: Yadkin-PeeDee
Stream Classification: Other
Submitted By: Epcon LR2, LLC
Date Received by LQS: September 11, 2019
Plan Type: Revised
Dear Mr. Twiddy:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable
with modifications and hereby issue this letter of Approval with Performance Reservations. The Performance
Reservations are listed on the attached page. 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.
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 Iand disturbing
activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCGOI. Please direct
questions about the NOI form to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at
Paul.clark@ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you
within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGOI permit.
However, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
Title 15A NCAC 4B .0118(a) and the NCGOI 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.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Mooresville Regional Office 1610 East Center Avenue, Suite 301 I Mooresville, North Caroltna 2811S
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704,663.1699
Letter of Approval with Performance Reservations
Epcon LR2, LLC
September 24, 2019
Page 2 of 3
Records of inspections made during the previous 30 days.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure
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, the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act
of 1973 (North Carolina General Statute I I3A-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.
Sinc ely,
�AX&Irw?
Christopher Graybeal
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Performance Reservations
NCGO1 Fact Sheet
c: Yarbrough -Williams & House, Inc
Attention: Vincent G. Keene, PE
Post Office Box 1198
Pineville, North Carolina 28134
Inspection Department
Letter of Approval with Performance Reservations
Epcon LR2, LLC
September 24, 2019
Page 3 of 3
PERFORMANCE RESERVATIONS
Project Name: Courtyards on Lawyers Road
Project ID: UNION-2019-076
County: Union
1. Additional measures may be required - The applicant is responsible for the control of sediment on -
site. If the approved erosion and sedimentation control measures prove insufficient, the applicant
must take those additional steps necessary to stop sediment from leaving this site. [ 15A NCAC 4B
.0106(2), 15A NCAC 4B .0106(3), and 15A NCAC 4B .0115]
Additional Comments:
Our Division maintains an interactive web -based map to help the public determine whether
development activities are subject to the post -construction state stormwater permitting program or
other stormwater permitting requirements. If your project is subject to state Phase 11 stormwater
permitting requirements, you must have the post -construction stormwater permit prior to
construction. The web -based map is located at:
https://deq.ne.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
data/stormwater-map s-gis-resources
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Fact Sheet on the New NCGO1 Permit r �E5
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.Iucas@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 NCGO1 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCGO1 permit
e-NOT: Notice of Termination, form for closing out the NCGO1 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
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 NO[ 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-NOI will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCGO1
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 NCGO1
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 a-NOI processes, but that will
take more time. For now, DEMLR has created an efficient a-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 NCGO1 permit, but will not need to fill out an a-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 de .nc. ov 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 CDC process work?
Permittees will apply for E&SC Plan approvals from DEMLR or the local
E&SC program like before. The E&SC approval letter will instruct the
permittee to visit deg.nc.Rov/NCG01 to submit an a-NOI form to DEMLR.
The permittee may begin the construction activity after receipt of the COC
(within three days*). The permittee must print and retain a copy of the
permit and the COC 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.Rov/NCGO1 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 a-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
NCGO1 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 a-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 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.
* Or 24 business hours far a project
approved under the DEMLR Express
review program.