HomeMy WebLinkAboutNCC204066_ESC Approval Submitted_20200918ROY COOPER
Governor
MICHAEL S. REGAN
Secretarir
BRIAN WRENN
Acting Director
City of Charlotte
Attention: Richelle Hines
600 East 4th Street
Charlotte, North Carolina 28202
NORTH CAROLINA
Environmental Quality
April 7, 2020
RE: Project Name: Charlotte Water Zone 2 Paving
Acres Approved: 7.82
Project ID: MECKL-2020-057
County: Mecklenburg
City: Charlotte
Address: General Commerce Drive
River Basin: Catawba
Stream Classification: Other
Submitted By: City of Charlotte
Date Received by LQS: March 27, 2020
Plan Type: Revised
Dear Mr. Hines:
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. 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 15ANCAC 413 .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 land 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 entailed to you within three business days. Initially, DEMLR will not
charge a fee for coverage under the NCGO I 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 in Raleigh.
E
North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115
704.6631699
Letter of Approval
City of Charlotte
April 7, 2020
Page 2 of 2
Title 15A NCAC 4B .0118(a) and the NCGO I permit require that the following documentation be kept on
file at the job site:
The approved E&SC plan as well as any approved deviation.
The NCGO I permit and the COC, once it is received.
Records of inspections made during the previous 30 days.
Also, this letter gives the notice required by G.S. I I 3A-6 1. 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 113A-51 through 66), this office may require
revisions to the plan and implementation of the revisions to insure complian
ce 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.
Sincerely,
es Moore
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NCGO I Fact Sheet
em: kateunderwood@cesicgs-com
mInspection Department
act Sheet on the New NCGO1 Permit
April 2019
organizational UpdatesThe new permit: �
Repeats state requirements for E&S
Plans and organizes them with federal
construction activity requirements;
|eclearly organized bytopic; and
Has less text and more tables.
Technical Updates
The new permit:
• Requires, that the E&SCPlan meet
3VVPPPrequirements (p..2);
• Provides ulist ofitems that must be
included inthe SVVP9P,such asthe
construction sequence, plans,
calculations, etc. (p.274);'
• Has updated language onbypasses and
upsets that istailored to construction
activities, (p.1O)*;.
• Puts aUdrnefnamesfor inspections,
record -keeping and reporting in
"calendar days' for clarity and
oonsistency(p. 11-14)/2
• Changes the inspection frequency
(during business hours) toatleast
once per 7calendar days and after
every storm �:1.Dinch (previously O.5
inch);' and
• Excludes weekends, state and -federal
holidays from normal business hours
unless construction activities take
place (z23).
This list is based on mebsite guidance
bythe DEK8LASediment Program.
z The number ofcalendar days was
selected tobeasequivalent as
possible with the previous permit.
3 The intent istoprovide predictability
tothe1nspectionschedule.
C0C: Certificate of Coverage, proof ofcoverage under anNCGO1permit
DEK0ILR; NC Division of Energy,Mineral, and Land Resources,
E&SC: Erosion 8\Sedimentation Control
m-NO|; Notice ofIntent, mppUcationfonnfor the NC6U1permit
a -NOT: Notice ofTermination, form for closing out the N[GO1permit
SWPPP: StormvvaterPollution Prevention. Plan, required bythe NCGOl
TheNCGO1 Process
The new NCGOIapplies @opermits approved mnorafter April 1, 2019.
Pennitteeswill nolonger receive acopy ofthe NOGOlpermit inthe mail
with their E&SCPlan approvals and beconsidered ascovered under the
permit. Federal rules require that DEMLRreceive anND|oneach
construction project and issue each construction project its own [OC.
Under the new NCGOlprocess, constnucdonsiteswill continue to
receive approval for E&SCPlans from either DE&4LRorthe delegated
local E&SCprogram just like before. After receiving EQ'S[Plan approval,
permitteeswill officially obtain coverage under the NCGD1by
completing ana-NO|(avai|ab|oot . The e-N0will
only take about 2Ominutes tofill out and submit on-|ine.
Initially, there will benocharge associated with applying for anNCG8
permit but onoraround June 1,ZO19,DEK4LRwill begin charging e$IOO
annual general permit fee as -required per §143-21G.3D.
DEK8LRisWorking oncreating asingle application form that will allow an
applicant tosimultaneously apply for anE&GCpermit and anNCGUl
COC. That effort is part of a larger Permit Transformation project at
Why doconstruction sites have bmdwthis extra application step?
How does the new NCGU1affect the
DEK8LRisrequired bythe EPA toissue aspecific COCtoevery construction
delegated local E&6CPrograms?
site that disturbs one acre ormore. DEK4LRisworking tocreate aform
Local programs will continue toreview
that combines the E&S[plan approval and e-N0processes, but that will
and approve E&SCplans. However,
take more time. For now, DEMLR has created an efficiente-ND| procesy,
they will no longer send copies of the
NCGO1with E&SCP|an approvals.
|fan6E&SCPlan isapproved before April l,which permit applies?
DEMLRwill pro vide sample language to
Projects with already approved E&8CPlans will automatically follow the
use inlocal EQS[Plan approvals to
new NCGO1permit, but will not need tofill out ane-NO|orpay anannual
advise pe,mitteeythat they must
permit fee, However, the permiLteeoshould print the new permit and the
submit ane-NO|toDEK4LR.
two standard detail sheets and have them onsite.
{
Will DEKDLRoffer tools tohelp pemmittees comply with the new NCGO1?
Yes, DEK4LKwill provide two sample plan sheets at that
can beplaced into the E&S[plan set. The first covers the site stabilization
and materials handling portions ofthe permit. The second sheet covers
the inspection, record -keeping and reporting portions ofthe permit.
How will the new e-NOI submittal. and COC 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.gov/NCGO! to submit an e-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
oraround June I^2O19 o$10Oannual general permit fee viVbecharged.
Who is allowed tosubmit ane-WC|form?
Submittal must bebyaresponsible corporate officer that owns or
operates the activity, such asapresident, secretary, treasurer, orvice
president or a manager that is authorized in accordance with IV.B.6*of the
N[GOlpermit Additional signatory options are set forth in|V.8.6ofthe
permit. It is possible for consultant to prepare the e-NOI, save it as a draft,
and email ittothe responsible entity fnr'signature&submittal.
What happens to the COC when the construction activity is complete?
When aproject iscomplete, the pennitteeswill contact DEK4LRorthe local
delegated program toclose out the E&8[Plan. After DEK8LRorthe local
E&SCprogram inform the permi1teeofthe project close out via inspection
report, the permitteewill visit tosubmit ane_NOT.
Will there beagrace period for adherence tothe new process?
DEK4LRdoes not have the authority togrant agrace period from a
federally mandated permit. Penni1teeswill beinformed ofthe new
process via,vvebsite, E&3CPlan approval letters and list servc.|fa
construction activity disturbs one acre ormore (or ispart ofcommon plan
nfdevelopment that disturbs one acre ormore) fails tosubmit ane-ND|
after approval nfits EQSCPlan, this isaviolation nffederal permitting
requirements and the pennittee could be subject toe penalty assessment.
Local programs.are not required to
check if permittees have submitted e--
N0stoDEMLK.However, ifthey wish
todothis voluntarily, there will be
tool available onDEMLR'sweb site for
them toview alist nfconstruction
projects that have submitted e-N0s.
When local programs close out ohE&SC
Plan, the close-out letter will advise
permh1eesthat they must submit ane-
NOT. DEK4LRwiU provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even ifthose plans are not
compliant with all ofthe NOSOl
requirements. However, their
permitteeawill berequired toadd two
plan sheets (which will beprovided 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 ofthe N[GO1permit,
*Or24business hours for oproject
approved under the DEMLR Express
review program.