HomeMy WebLinkAboutNCC210034_ESC Approval Submitted_20210106ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
November 12, 2020
LETTER OF APPROVAL WITH MODIFICATIONS
Jackson County
ATTN: Mr. Don Adams
401 Grindstaff Cove Road
Sylva, NC 28779
RE: Project Name: Jackson County Green Energy Park
Acres Approved: 5 acres
Project ID: JACKS-2021-002
County: Jackson
City: Dillsboro
Address: Haywood Road
River Basin: Little Tennessee
Stream Classification: Tuckasegee River - B
Submitted By: Mr. Ryan S. Fisher, F.E.
Date Received by LQS: September 14, 2020
Date Revision Received by LQS: October 30, 2020
Plan Type: Public Facilities
Dear Mr. Adams,
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This office has reviewed the subject revised erosion and sedimentation control plan and
hereby issues this Letter of Approval with Modifications. A list of the modifications is
attached. 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.
Should the plan not perform adequately, a revised plan will be required (G.S.113A-54.1)(b).
As of April 1, 2019, all new construction activities are required to complete and submit an
electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the
NCGO10000 Construction General Permit. After the form is reviewed and found to be
complete, you will receive a link with payment instructions for the $100 annual permit free.
After the fee is received, you will receive the COC via email. You MUST obtain the COC prior
to commencement of any land disturbing activity. The eNOI form may be accessed at
deq.nc.gov/NCG01. Please direct questions about the eNOI form to Annette Lucas at
Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. If the owner/operator
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Nea�n caFiourv,� �
Asheville Regional Office 12090 V.S. Highway 70 1 Swannanoa, North Carolina 28778
oepMmem m Hnamonmonla1 aoorur 828.296.4500
Letter of Approval with Modifications
Jackson County
ATTN: Mr. Don Adams
November 12, 2020
Page 2 of 3
of this project changes in the future, the new responsible party is required to apply for
his/her own COC.
Title 15A NCAC 4B .0118(a) and the NCG01 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 NCGOl permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
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 Program is performance -oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that 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 ensure 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. This permit allows for a land -
disturbance, as called for on the application plan, not to exceed the approved
acres. Exceeding the acreage will be a violation of this permit and would require a revised
plan and additional application fee. 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.
Your cooperation is appreciated.
S' r ly,.
Mi ael Smith
Assis ant Regional Engineer
Division of Energy, Mineral, and hand Resources
Letter of Approval with Modifications
Jackson County
ATTN: Mr. Don Adams
November 12, 2020
Page 3 of 3
Enclosures: Certificate of Approval
NPDES NCG01 Fact Sheet
Modifications
ec: Mr. Ryan S. Fisher, P.E. rfisher@withersravenel.com
Mr. Jacob Gray, P.E. jgray@withersravenel.com
cc: Regional Office file
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Jackson County Green Energy Park
Project ID: JACKS-2021-002
County: Jackson
For final plan approval, on or before Tuesday, December 1. 2020 please provide to this
office the requested documents listed below.
1. Please submit the design calculations sheet for the 12" RCP storm sewer P-203.
{G.S. 113A-57 (3)1.
2. For inclusion in the plan set. please provide a construction detail on a plan detail
sheet for the rip rap energy dissipaters. {G.S. 113A-57 (3)).
3. For inclusion in the plan set, please provide plan sheets C5.0 (Erosion Control Plan
Phase 1) and C5.2 (Erosion Control Plan Stage 2) showing the two ends of the Limits
of Disturbance (LOD) closed at the north corner of the project in the vicinity of
FES200 and across the existing paved road. {G.S. 113A 57 (3)1.
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
Fact Sheet on the New NCG01 Permit DEQ�
April 2019 xr
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);'
• 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).
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.
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 NOI 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 a-NOI (available at decI.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 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 a-N01 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 NCG01 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 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 deg.nc.eov/NCG01 to submit an a-NOI form
to DEMLR. The permittee may begin the construction activity after
submittal of the a-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.13.6 of the
permit. It is possible for consultant to prepare the a-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 a -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
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 a-N01 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 a-NOls.
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.
Land Clearers
• Know the law when burning debris
from land clearing �'-
•You can be fined fi)r illegal burning
5oo, d Bum piles must be at least
H 500 feet from occupied
buildings.
Piles must contain only natural
vegetative materials.
` Fires must be started after 8 a.m.,
$ and new material can't be added
after 6 p.m.
250' Piles must be of least 250 feet
from roads when the wind is
blowing toward them.
A
Don't bum on Code Orange, Red
or Purple days in areas with air
quality forecasts. For forecasts,
" eI�8�tfifi visit
www.ncair.org
You may need a burning permit
from the N.C. Forest Service,
ncforestservice.gov/. For
questions, call 919-857-4801.
' Some local governments
prohibit outdoor burning.
Smoke from open burning pollutes the air and is
unhealthy to breathe. Potential health effects
include: lung and eye irritation, headaches,
dizziness, asthma attacks, coughing and even death.
Recycle or properly dispose waste.
North Carolina Division of Air Quality
tuw w.ircrfirxn> 919-707-8400
NC
45,000 copies of this pubiic document were printed on recycled paper of a cost of
Al A75 An nr. n n.17 ner conv ❑AO 09-ni-pair
Illegal Burning S, 0 4,
*outdoor fires pollute the air
*Smoke is unhealthy to breathe
*Properly dispose of waste ,, _
•You can be fined for illegal burning ,
Never burn these items:
low
Newspaper, cardboard and other paper products. 1
Plastic and other synthetic x
materials.
Paints, household and 41i agricultural chemicals. , x
Tires and other rubber 4041products. x
Asphalt shingles and heavy _ L* oils. x
Lumber and other building materials. x
Wire. i
t
Buildings, mobile homes. i
1
Bum is sometimes allowed:
100�Leaves, branches and yard trimmings
can be burned, if no public pickup is
available and you follow DAQ guidelines and local
ordinances. Do not burn on Code Orange, Red
or Purple days in areas with air quality forecasts.
For forecasts, - - Miftvisit
www.ncair.org. You may need a burning permit
from the N.C. Forest Service, ncforestservice.gov/.
For questions call 919-857-4801.
North Carolina Division of Air Quality
www.ncair.org 919-707-8400