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HomeMy WebLinkAboutNCC212136_ESC Approval Submitted_20210409MECKLENBURG COUNTY Land Use & Environmental Services Agency Storm Water Services 6/17/2019 Email: russC&sinacoribuilders.com Sinacori Builders, LLC Shawn Santee 10100 Park Cedar Drive, Suite 166 Charlotte, NC 28277 Re: Belle Grove Manor - Lots 56 57 58 (EPM #366709 Approved As Noted plans Denuded Acreage: 2.9 Acres Dear Mr. Santee: Please be advised that the above referenced plan has been approved by this Office. This approval is required prior to applying for the Construction Stormwater General Permit (NCGO 10000). Application for this permit can be made at hops://ded.nc.gov/NCGOt. Please contact Jason Klingler (980-721-3567), Erosion Control Inspector to set up a pre -construction meeting after obtaining your Certificate of Coverage (COC) from NCDEQ. Refer to the attached Fact Sheet for additional information. The Planning Department of the Town of Mint Hill is being notified of this approval by copy of this letter. Plans that are stamped approved will be held within EPM's "approved package" for printing out as needed. In addition, please always print out an approved set with approval stamps to be kept out at the site. If you have any questions, please give me a call at 980-314-3232. Sincerely, 1. , Adam Nowocin, PE Mecklenburg County Project Manager CC: Town of Mint Hill Planning Department — John Hoard Project Manager — Jonathan Rett — HensonFoley Erosion Control Inspector — Jason Klingler Land Development Inspector - Heather Davis EPM Approved project PEOPLE • PRIDE • PROGRESS • PARTNERSHIPS • 2145 Suttle Avenue • Charlotte, North Carolina 28208-5237 • www.meeklenburgeountyne.gov Fact Sheet on the New NCG01 Permit March 2019 � �' ' The NC Construction General Permit (also known as "NCG01") was renewer! on March 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.lucas@ncdenr,gov or (919) 707-6369. 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);1 • 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 obtaining an NCG01 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-N01: 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 March 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 e-NOI (available at deg,nc.gov/NCG01). The e-N01 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 May 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. Why do construction sites have to do this extra application step? DEMLR is required by the US Environmental Protection Agency 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 March 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-N01 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. oR v/NCGO1 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-Nol submittal and COC process work? Permittees will apply for their E&SC Plan approvals from either DEMLR or the delegated local E&SC program like before. The approval letter will instruct the permittee to visit d, eg.nc,gav/NCG01 to submit an e-NO] form to DEMLR. A COC will be issued within three business days. Then, the permittee will be responsible for printing a copy of the permit and retaining it on site. Initially, the COC will be issued forfree but on or around May 1., 2019, a $100 annual general permit fee will be charged. Who is allowed to submit an a-NOI form? The officer, manager, or sole proprietor of the financially responsible organization may submit e-NOIs, 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 dedeg,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. What will happen if an a-NOI is not submitted for a construction site? If a construction site that disturbs one acre or more fails to submit an e- N01 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-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 a-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. ..- �1% IFF-0-%5- j--DEQ 6ev.nwmmvm ouu1, /°f Local Erosion & Sediment Control Program Guidance for the 2019 NCG01 Issuance April 1, 2019 Starting April 111, coverage under the North Carolina Construction Stormwater General Permit will be a separate application process than for an erosion and sedimentation control plan approval by the North Carolina Department of Environmental Quality or one of its delegated local erosion & sediment control programs (a.k.a. Local Programs). The NC Construction Stormwater General Permit (permit number NCGO10000) affects land disturbing activities equal to or greater than one acre in size, or those under a common plan of development or sale of that size. Because the Environmental Protection Agency (EPA) recognizes the state of North Carolina's Sedimentation Pollution Control Program as a vital component to our federal delegation obligations, coverage under this permit is contingent upon an approved erosion and sedimentation control plan (E&SC plan), in addition to other requirements within the NCG01 permit, Why the change? The DEQ's Division of Energy, Mineral and Land Resources is required by the US EPA to issue a specific Certificate of Coverage (COC) to every construction site that disturbs one acre or more, including those under a common plan of development or saie of that size. Under state law (the SPCA), there is no requirement for small projects to obtain plan approval. Small projects may include a single lot, multiple lots, or outparcels that may or may not be contiguous but which collectively total one acre or less in development within the subdivision or other tract. However, projects that require coverage under the NCGO10000 also require a plan approved by the NCDEQ or one of its delegated local erosion & sediment control programs, What happens if a plan is submitted before April 1 sf but approved after April iss ? Application for the Certificate of Coverage begins April 1, 2019. If an application for an erosion and sedimentation control plan approval is submitted prior to April 111, but approved after this date, the approval notice must instruct the Financially Responsible Party to apply separately for coverage under the NCGO1 permit. An NCG01 Fact Sheet exists for answers to related questions, O-L" o � What are the changes and how will they affect my program? • Underthe Construction Stormwater General Permit, a Stormwater Pollution Prevention Plan, or SWPPP, must be prepared and kept on the project site. Formerly in North Carolina, the erosion and sedimentation control plan, together with the NCG01 Construction General Permit were considered the SWPPP for that site, and you issued them together upon plan approval. Starting April 1, 2019, there will be additional detail sheets that can be included within the E&SC plan that will satisfy the other NCG01 permit requirements for ground stabilization, materials handling, self -inspections, record keeping, and reporting. This will enable the E&SC plan alone to satisfy the requirements of a SWPPP. Upon issuance of a plan approval, the Local Program should direct the appiicant to the DEQ website (deg.nc.gov NCG01) for an online application of the NCG01 Certificate of Coverage (COC) and Fact Sheet. A sample letter of approval with instructions for the applicant to electronically apply for their Notice of Intent (e-NO1) has been prepared for your use, if so desired, This letter is accessible on the DEQ SharePoint site for Local Program reporting. In addition, it is recommended to provide the Fact Sheet along with issuance of the plan approval. • It is now more important than ever to make sure you issue documentation when an erosion and sedimentation control plan is approved and when a project is closed. For approvals, this can be in the form of an approval notification, a Certificate of Plan Approval, or a combination thereof. For close-outs, this can be in the form of a termination notification, a final inspection report, or a combination thereof. Sample close-out language directing the applicant to submit for an electronic Notice of Termination (e-NOT) will be provided on the DEQ's Construction Stormwater web page. The applicant will need documentation in order to receive coverage under the federal NCG01 permit or when the permittee wishes to terminate coverage under this permit. Starting around June 1, 2020, an annual fee will be charged to the permittee while covered under the federal NCG01 permit. Thus, there will be a financial incentive for permittees to close their permits upon completion of construction. • Local Programs are not required to verify coverage under the NCG01 permit. However, there will be a tool available on the DEQ-DEMLR website for viewing a list of construction projects with e-NOIs. In addition, some Local Programs have opted to issue an approval letter, then wait until the applicant can provide their Certificate of Coverage before issuing a Certificate of Plan Approval. Both certificates should be kept on the job site in a conspicuous location during normal business hours. n�nmLxxnE a�€nrlin�.n+Ma nuza • The precipitation threshold for triggering an inspection within a 24-hour period has changed from 0.5 inch to 1.0 inch. The combined SPCA/NPDES self -inspection form has been edited to reflect this change. • Enforcement for stormwater violations under the NCG01 still rests with the DEQ. • Your Memorandum of Agreement will likely be affected by procedural changes to issuance of the NPDES General Stormwater Permit, but not due to plan submittal requirements. If so, the DEQ will work with you to amend your agreement. • Local Programs no longer have to submit quarterly reports for the EPA. This data will be collected during application for the COC, to be delivered electronically to the EPA. However, you must still provide monthly reports on your SPCA activities, per your Memorandum of Agreement. • Local Programs are now expected to require erosion and sedimentation control plans for land disturbing activities proposed to be conducted within common plans of development or sale. Doing so will help meet requirements under the state's delegated NPDES program, and is in agreement with your delegated authority. One Certificate of Coverage will be granted per builder per common plan. For projects requiring plan approvals, the state of North Carolina requires each site operator or developer (i.e., the financially responsible party) to submit his/her own plan as part of the application. See below for a definition and examples of common plans of development. For Programs with already low land -disturbing thresholds or other triggers for plan reviews, this should have no effect on the way you are currently operating. How can I tell if I am operating under a larger common plan of development or sale? As defined under NCG 010000, sites less than one acre, but which are part of a larger common plan of development or sale which is equal to or greater than one (1) acre in size would require a permit. See definition below: "Common plan of development" means a contiguous area where multiple separate and distinct land disturbing activities may be taking place at different times and on different schedules under one common plan. The "common plan" of development or sale is broadly defined as any announcement or piece of documentation (including a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, computer design, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor markings, etc.) indicating construction activities are planned to occur on a specific plot regardless of ownership of the parcels. d�,,�&�rvn�usnwown� The definition is similar to that found in administrative code, 15A NCAC 02H.1002 for post - construction storm water rules and that found in NPDES MS4 permits. The "common plan of development or sale" is often defined, in part, by the "Erosion and Sedimentation Control Plan" stated in the NCGO10000 and is in agreement with that defined by the NC Sedimentation Pollution Control Act of 1973 (SPCA) as a "tract". A tract means "all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership". Examples of common plans of development or sale include subdivisions, commercial strip malls, college campuses, medical campuses, industrial parks, or well fields where each common plan entails land disturbances equal to or greater than one (1) acre in size. Each parcel or lot may have different owners. Examples of common plans of development or sale exclude isolated, single-family lots or parcels, or a school with a long-term master plan whose phases are conceptual rather than specific to an advertised plan for future development. My project will disturb less than one acre of development, but it may be part of a larger common plan of development or sale. How can I tell, and what must I do? The EPA states that "in many cases, a common plan of development or sale consists of many small construction projects. For example, an original common plan of development for a residential subdivision might lay out the streets, house lots, and areas for parks, schools and commercial development that the developer plans to build or sell to others for development. All these areas would remain part of the common plan of development or sale." Furthermore, "If your smaller project is part of a larger common plan of development or sale that collectively will disturb one or more acres (e.g., you are building on 6 half -acre residential lots in a 10-acre development or are putting in a fast food restaurant on a 3/4-acre pad that is part of a 20-acre retail center) then you need permit coverage." When multiple developers in the same subdivision are collectively disturbing one or more acres, then permits from each developer would be required, regardless of the individual size of disturbance. ry� A y OepijgoLnt��p�nW+Oo.iVO � �/"' When Can You Consider Future Construction on a Property to be Part of a Separate Plan of Development or Sale? After the initial "common plan" construction activity is completed for a particular parcel, any subsequent development or redevelopment of that parcel would be regarded as a new plan of development. For example, after a house is built and occupied, any future construction on that lot (e.g., reconstructing after fire, adding a pool or parking area, etc.), would stand alone as a new "common plan" for purposes of calculating acreage disturbed to determine if a permit was required. This would also apply to similar situations at an industrial facility, such as adding new buildings, a pipeline, new wastewater treatment facility, etc. that was not part of the original plan. Remember, unlike the Construction General Permit, land -disturbing projects or activities as defined under the SPCA - no matter how small and no matter whether they are within or outside of a common plan of development- are still regulated by state law. In this case, erosion control measures are not required by the state of North Carolina, but the developer must still retain sediment from his/her activities on the tract, and must adhere to the mandatory standards for land -disturbing activity in G.S. 113A-57 (1) & (2). Furthermore, local governments with delegated authority for administering the SPCA can require plan approval for disturbances of less than one acre. Thus, some local programs are already requiring plan approvals for each lot within a subdivision, thereby achieving the same result, For more information on the North Carolina Construction Stormwater General Permit, the Fact Sheet, the detail sheets, or the sample approval letter, please visit the DEQ Construction Stormwater web page.