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HomeMy WebLinkAboutNCC205601_ESC Approval Submitted_20201207ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality August 26, 2020 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Sycamore at Christenbury, LLC Attention: Sam Switzenbaum, President CEO 255 South 17' Street, 20''' floor Philadelphia, Pennsylvania 19103 RE: Project Name: Sycamore at Christenbury Acres Approved: 29.23 Project ID: CABAR-2021-014 County: Cabarrus City: Concord Address: Cox Mill Road & Christenbury Parkway River Basin: Yadkin-PeeDee Stream Classification: Other Submitted By: Sycamore at Christenbury, LLC Date Received by LQS: August 20, 2020 Plan Type: New Dear Mr. Christenbury: AUG 9 S 2020 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 Modifications and Performance Reservations. The Modifications Required for Approval 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 land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCG01. 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 NCG01 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 NCGO 1 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. D E Q�� 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 am+caw Nouru �' °epi" a' &"°""'^'" GLIO"� 704.663.1699 Letter of Approval with Modification and Performance Reservations Sycamore at Christenbury, LLC August 26, 2020 Page 2 of 3 2. The NCGO1 permit and the COC, once it is received. 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 113A-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. Sin �.e1y. Christopher Graybeal Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications Required for Approval and Performance Reservations NCGO1 Fact Sheet BGE Attention: Eric C Hampton, PE 1111 Metropolitan Avenue, Suite 250 Charlotte, North Carolina 28204 Inspection Department Letter of Approval with Modification and Performance Reservations Sycamore at.Christenbury, LLC August 26, 2020 Page 3 of 3 PERFORMANCE RESERVATIONS Project Name: Sycamore at Christenbury Project ID: CABAR-2021-014 County: Cabarrus Performance Reservations: 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 .0115] Modifications: Silt fence alone is not adequate below fill slopes in excess of 10 feet in height (NC Erosion and Sediment Control Planning and Design Manual, Section 6.62). Please provide additional measures for these areas. Matting and or benching of the slopes is recommended. [G.S. 113A-57(3)] Reference sheets C2-0, C2-1, C2-2, C2-3 Additional Comments: Contour Elevations were missing around skimmer basins on sheet C2-0. 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 DEMLR or the local E&SC program like before. The E&SC approval letter will instruct the permittee to visit deg.nc.gov/NCG01 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 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.13.6 of the NCG01 permit. Additional signatory options are set forth in IV.13.6 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- NOIs 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. * Or 24 business hours for a project approved under the DEMLR Express review program. ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality August 21, 2020 LETTER OF RECEIPT OF EROSION CONTROL PLAN Sycamore at Christenbury, LLC Attention: Sam Switzenbaum, President and CEO 255 South 17' Street, 20' Floor Philadelphia, Pennsylvania 19103 RE: Project Name: Sycamore at Christenbury Project ID: CABAR-2021-014 County: Cabarrus Project Location: Cox Mill Rd at Christenbury Parkway Submitted By: BGE, Inc., Eric Hampton Date Received by LQS: August 20, 2020 Plan Type: New ESC Plan Reviewer: Chris Graybeal Dear Mr. Switzenbaum: P,u 9 2020 This office has received an 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. If you have questions, please do not hesitate to contact the ESC plan reviewer listed above. Your cooperation in this matter is appreciated and we look forward to working with you on this project. Since Jesse McDonnell Environmental Specialist Land Quality Section c: BGE, Inc., Attn: Eric Hampton, I I I I Metropolitan Avenue, Suite 250, Charlotte, North Carolina 28204 - D E Q�� 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 Q� NCARCLINA 704.663.1699