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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.