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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, i 4� � 1 . 3 S & m. e,.....n ...... 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