HomeMy WebLinkAbout20120040 Ver 1_Site Plan_20130306F I:
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STATE OF NORTH CAROLINA
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DEPARTMENT OF TRANSPORTATION
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PAT MCCRORY ANTHO[V Y J. TATA
GOVERNOR SECRETARY
February 25, 2013
PROJECT: 33222.3.1
CONTRACT: C202231
TIP: B -3680
F.A. NO.: BRSTP- 0015(25)
COUNTY: MOORE
DESCRIPTION: BRIDGE #2 OVER CSX TRANSPORTATION ON US- 15/501
SUBJECT: Borrow Sample Results — CVS Site
Mr. Matt Brown
Sanford Contractors, Inc.
628 Rocky Fork Church Rd
Sanford, NC 27332
Dear Mr. Brown:
Please find attached two (2) copies of the CVS Site reclamation plan for the above referenced
project. This office has reviewed the submitted reclamation plan and is approving this plan.
Please note that any applicable state and local ordinances shall be complied with.
If you have any questions please advise.
Sincerely, -
C.E. Dumas, Jr.
RESIDENT ENGINEER
CED:jad
Attachments
cc: Mr. David Wainwright, NCDENR Environmental Senior Specialist (w /1 Copy)
Mr. Ronnie Smith, U.S. Army Corps of Engineers (w /1 Copy)
ec: Mr. Richard Hancock, P.E. (w /1 Copy)
Mr. Art King (w/ 1 Copy)
Mr. Barry Harrington (w/ 1 Copy)
Mr. Tracy Ingold, Project Inspector (w /1 Copy)
File # 19
Filename: Approved Borrow Site CVS
P. O. Box 1067 / Aberdeen, N. C. 28315 / 910 - 944 -7554 / Fax: 910 - 944 -3742
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Land Quality Section Beverly Eaves Perdue, Governor
Director Dee Freeman, Secretary
October 31, 2012
LETTER OF APPROVAL WITH MODIFICATIONS
Moseley Real Estate Advisors
Attn: Diana Brown, Construction Manager
1100 Kenilworth Avenue, Suite 210
Charlotte, NC 28204
RE: Project Name: CVS- Aberdeen, NC 1550 N. Sandhills Blvd (HWY -1) & Highway
15 /501 Acres Approved: 4.74
Project ID: MOORE- 2013 -004
County: Moore Aberdeen 1550 N. Sandhills BLVD
River Basin: Lumber Stream Classification: Other
Submitted By: Hussey, Gay, Bell & Deyoung, Inc.
Date Received by LQS: 10/24/2012
Plan Type: Revised
Dear Ms. Brown:
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. 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.
Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the approved
erosion control plan be on file at the job site. Also, you should consider this letter to give 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
Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301
Phone: 910- 433 -3300 / FAX: 910 - 486 - 0707 - Internet: http: / /portal.ncdenr.org/web /ir /land - quality
An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper
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Letter of Approval with Modifications
Moseley Real Estate Advisors
October 31, 2012
Page 3 of 3
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES Permit
Cc: Hussey, Gay, Bell & Deyoung, Inc. — electronic copy
Kathy Liles, Building Inspector — electronic copy
Belinda Henson, Division of Water Quality
Land Quality Section - Fayetteville Regional Office File
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: CVS- Aberdeen, NC 1550 N. Sandhills Blvd (HWY -1) & Highway 15 /501.
Project ID: MOORE -2013 -004
County: Moore
1. Provide two copies of the full size sheet corresponding to the e- mail/PDF received in the
NCDENR office on October 31, 2012 showing the added baffles and the ground cover
requirements of the temporary diversion ditches.
RECEIVED
NOV p 5 2012
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WCDENR
North Carolina Department of Environment and Natural Resources
Division of Energy, Mineral, and Land Resources
Tracy E. Davis, PE, CPM Land Quality Section Beverly Eaves Perdue, Governor
Director Dee Freeman, Secretary
Announcement of Self - Inspection Program
The Sedimentation Pollution Control Act was amended in 2006 to require that
persons responsible for land - disturbing activities inspect a project after each phase
of the project to make sure that the approved erosion and sedimentation control
plan is being followed.
Rules detailing the documentation of these inspections take effect October 1, 2010.
TDe self-inspection program is separate from the weekly self- monitoring program
of the NTDES Stormwater Permit for Construction Activities. The focus of the
self - inspection report is the installation and maintenance of erosion and
sedimentation control measures according to the approved plan. The inspections
should be conducted after each phase of the project, and continued until permanent
ground cover is established.
Excerpts from the North Carolina General Statues and the North Carolina
Administrative Code concerning self - inspections are enclosed. To better explain
the requirements, a list of Frequently Asked Questions is also enclosed, along with
a Self - Inspection Report form. The Self - Inspection Report form will also be
available as an Excel spreadsheet from the Land Quality web site,
http://portal.nedenr.org/web/lr/land-quality
Please take a moment to review the enclosed material. If you have questions,
please contact the Land Quality Section at a DENR Regional Office.
1612 Mail Service Center, Raleigh, North Carolina 27699 -1612 - 919 - 707 -92201 FAX: 919 - 733 -2876
512 North Salisbury Street, Raleigh, North Carolina, 27604
New Self - Inspection Program for
Erosion and Sedimentation Control
Effective October 1, 2010, persons conducting land- disturbing
activities larger than one acre must inspect their project after each
phase of the project, and document the inspection in writing.
Does this only apply to projects approved after October 1, 2010?
No, it applies to both old and new projects.
Who can conduct the inspection? The financially responsible party, landowner
or their agent may conduct the inspection.
Is a special certification required to do the inspection? No
What is the goal of the self - inspection program? To make sure that the
approved erosion and sedimentation control plan is being followed, including the
installation and maintenance of measures, and the provision of ground cover in a timely
manner
What has to be inspected? All of the erosion and sedimentation control
measures, including sedimentation control basins, sedimentation traps, sedimentation
ponds, rock dams, temporary diversions, temporary slope drains, rock check dams,
sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy
dissipaters, and stabilization methods of open channels must be inspected.
What else has to be checked? The need for ground cover should be checked.
Temporary or permanent ground cover must be provided on exposed graded slopes
and fills within 21 calendar days of the completion of a phase of grading. Permanent
ground cover must be provided within 15 working days or 90 calendar days (60 days in
HQW zones), whichever term is shorter, upon the completion of construction or
development.
Do newly installed sedimentation control basins have to be
measured? Yes, the actual dimensions of the basins have to be checked, usually
with a tape measure, and compared to the dimensions on the approved plan.
Do newly installed sedimentation control basins have to be measured
by a Professional Land Surveyor? No. Generally the width and length of
basins can be measured with a tape measure. A level and survey rod may be useful in
checking the depth of a basin. Only relative elevations, comparing the bottom and top
elevations are necessary.
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North Carolina Department of Environment and Natural Resources
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.� 09 Post- Constm ction Stornlwater
Lase Revi ed 9/15/2008 Management Permifting ProgTain
How is this permit different from a
Construction Stormwater Permit?
"Post- construction" refers to permanent stormwater management measures that
will stay in place once the project is built —not just during construction In certain ar-
eas, a post - construction permit is required in addition to a general permit for the
construction activity (coverage under NCGO10000). Also, other local post - construction
requirements may apply.
!What is this new permitting program?
Stormwater Constructed Wedand
In 2006 the North Carolina General Assembly enacted Session Law 2006 -246 to implement post- construction storm-
water management requirements for development activities in North Carolina The act requires that new develop-
ment in specific areas meet the post - construction requirements beginning July 1, 2007. Post - construction permits
under this program will be issued by the Division of Water Quality (DWQ) under the State Stormwater Permitting
Program or by a delegated local,program.
Who needs a post - construction permit?
New development that will disturb one acre or more of land —or that is part of a larger plan that will
disturb at least an acre —and located within areas outlined in the Session Law will need a permit_ Coverage
areas include: designated Phase II municipalities; the potential extra - territorial jurisdiction (ETJ) of those munici-
palities (1- to 3 -miles beyond incorporated boundaries, depending on the population); "urbanizing areas "; and entire
counties that are "tipped iri' includin all undesignated cities there). Currently there are 26 tipped counties, but
more could come into the program in the future. Also, local governments -- including counties —may choose to imple-
ment post - construction programs throughout their jurisdictions.
The affected area around a municipality is called the "Municipal Sphere of Influence" (NISI). If the municipality is not
exercising its planning and zoning authority there, DWQ will issue post - construction permits in the MSI —as long as
another local authority (the county, for example) is not implementing a post - construction program
How do I know if my project is in one of these areas? �
Right now, over 120 municipalities in North Carolina have been designated Phase II, and post - construction applies
throughout 26 counties; as well as in portions of 19 other counties. NC DWQ collaborated with the Center for Geo-
graphic Information and Analysis (CGIA) to create an interactive web -based map viewer to determine if a project
is located in a Phase II area. Go to:
I
http: / /h2o.enr.state.nc.us /sulmsi– maps.htm Always be sure to verify whether the local government
requires more stringent stormwater controls.
You can enter the project address or geographic coordinates, and the map will tell you if the project is
located in an area that requires a post - construction permit. The map provides guidance for all stormwater
permitting programs in NC —not just Phase II areas. This map viewer will be updated periodically to reflect more
current municipal boundaries; areas subject to other State Stormwater Programs (e.g., High Quality- Waters); new
designations; etc. However, map revisions will not occur as often as the changes. It is important to check the list of
updates and corrections on this website. As with any system of this type, the interactive map is simply a tool to help
you tin making your final determination about your responsibilities for permit coverage.
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MCDENR
North Carolina Department of Environment and Natural Rasouices
Division of Water Qusltr/
Beverly Eaves Perdue ;oleen P. Sullins Dee Freeltlun
Governor Drector SeCre"ary
C ANGES IN THE NPDES PERMIT (NCGO1)
Effective August 3, 2011, the North Carolina Division of Water Quality (DWQ) issued a new NPDES
General Stormwater Permit for Construction Activities (NCG010000). A copy of the permit can be found at:
httv:; % fortai.f�eder r.or�,.7,��elz ���:ra /w's l sui co �structi n . Also on that web page, DWQ has provided a
summary entitled "Major Elements of DWQ Construction General Permit." There are some significant
changes in what is required at a construction site to comply with the NPDES Construction General Permit,
including:
1. Ground stabilization in 7 days on perimeter areas and slopes greater than 3 :1,
2. Ground stabilization in 14 days on other areas,
3. Basin outlet structures withdraw water from the surface.
Other provisions are described in the "Major Elements" document mentioned above.
Why did the Permit Change?
As a result of a national court case, the federal Environmental Protection Agency (EPA) was required to
develop Effluent Limitations Guidelines (ELGs) that apply to construction sites. Those guidelines mandate
quicker ground cover for all areas of a site with additional controls in areas of high slopes or sensitive waters.
The more- stringent controls are required by EPA to be included in any state's Construction General Permit
issued after February 2010.
DWQ staff worked with Division of Land Resources (DLR) stafffor the past 12 months to consider what
changes should be made and co- chaired a group to provide guidance. The group, called the Construction
General Permit Technical Advisory Group (CTAG), was comprised of 14 members who represented a broad
range of environmental, regulatory, government and development interests.
How Will the New Conditions Be Implemented?
The new permit does not modify the current state laws or rules. However, coverage under the NPDES
Construction General Permit shall only become effective upon issuance of an approval for the Erosion and
Sedimentation Control Plan by DLR or the delegated local program that includes the following:
1. Designation on the plans where the quicker ground stabilization requirements apply.
2. Location of basins where the surface withdrawal requirements apply.
If the approved plan does not contain these conditions, the project does not qualify for coverage under the
NPDES Construction General Permit and is not permitted to discharge stormwater. In order to obtain
coverage, the plan must be modified to comply with the conditions listed above or an application for an
Individual NPDES Stormwater Permit must be submitted to DWQ.
DWQ recognizes that the changes in this permit will lead to significant changes in the planning, design and
implementation of construction projects. We will focus our efforts towards education and consistency and
work with those affected in implementing these changes.
If you have questions about the NPDES Construction General Permit, please contact Boyd DeVane in the
Division of Water Quality at 919 -807 -6373 or at lac` cl.dc�'alie((?' 2Crle ?1.?c� .
Wetlands and Stortnwater Branch
1617 Mal Sen ice Center, Raleigh, Norlh Carolina 2 � i 617
Location, 512 N. Salisbury St Raleigh North Carolina 27fk h1r.
Phone: 919-807-6300 1 PRY,' 91M07 -64941 Customer Service: 11- 377 - 5239748 N76Yt1ZCalol? tea
Iniernet vmw n xoterqualdy.org
Art Equal Oppoiunly lArormxuve Argon Bnp�oyer U• Cf,Y,
o�oF v+nrF9Qa North Carolina Division of Water Quality gv
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NPDES Stormwater Discharge Permit A*A
for Construction Activities HCDENR
Cover Sheet for NCG010000 Revised August 2, 2011
What is this permit?
This is your General Stormwater Permit for
Construction Activities, developed to meet federal
National Pollutant Discharge Elimination System
(NPDES) requirements. It is separate from your
Erosion and Sedimentation Control (E &SC) Plan,
which has been a North Carolina requirement for
over 35 years.
Federal regulations adopted by the U.S.
Environmental Protection Agency (EPA) and North
Carolina Division of Water Quality (DWQ) require an
NPDES permit for your project. The EPA has
delegated DWQ authority to administer the NPDES
program in North Carolina. Two divisions of the
Department of Environment and Natural Resources
are responsible for different parts of the federal
permitting requirements.
The E &SC plan approved by the Division of Land
Resources (or a delegated local program) contains
the core erosion control requirements for your
project. The NPDES General Permit issued by
DWQ contains additional requirements related to a
broader range of water quality issues. These
permits are related, but separate. Both contain
conditions your project site must meet.
What does this permit require me to do?
You should read and become
familiar with the provisions of this
permit. Below is a list of the
major requirements, with
indications where those differ
from the previous Construction
General Permit.
EROSION AND
SEDIMENT CONTROL PLAN
You must implement the Erosion
and Sedimentation Control Plan
approved for your project by, the
Division of Land Resources or by
an approved local program.
Adherence to that E&SC Plan is
an enforceable component of the
Stormwater Permit.
Are there new requirements
in this permit?
This General Permit reflects changes made in the
federal regulations effective February 1, 2010, that
regulate discharges . from construction sites. The
federal regulations resulted from litigation decisions
that mandated construction activities over a certain
size must contain additional specifications to reduce
the amount of wastes and sediment loading that
reach the nation's waters.
The Division of Water Quality and the Division of
Land Resources established the Construction
General Permit Technical Advisory Group (CTAG)
to guide the development of this NPDES permit. A
draft permit was available for public review in May
2011, and the final permit became effective on
August 3, 2011.
The most notable change in the new permit is a
requirement that ground stabilization, such as wheat
straw application, be applied within 14 days from the
last land - disturbing activity. For steep slopes, that
area must be stabilized within 7 days. Please see
page 2 of this document for details.
Your E&SC plan will identify
areas where the more stringent
7 and 14 day ground
stabilization requirements
apply. See "New Ground
Stabilization Requirements" on
page 2.
MONITORING & INSPECTIONS
► You must keep a rain gauge
on site.
► Dedicated demolition and
other -waste areas and earthen
material stockpiles must be
located at least 50' from storn
drains or streams unless no
alternative is feasible (new
requirement).
► You must inspect all E &SC
measures at least once a week
and within 24 hours after any
storm event greater than a half
Inch (during a 24 -hour period).
You must take immediate
corrective action for any device
failure.
/ You must inspect all outlets
where stormwater runoff leaves
your site and evaluate the effect
on nearby streams or wetlands.
Corrective action must*be taken if
sediment is deposited off site or
into a stream or -wetland, or
causes a visible increase in
turbidity (cloudiness) of any
waterbody.
(wrtkwed on reverse side)
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
GENERAL PERMIT - NCG 010000
TO DISCHARGE STORMWATER UNDER THE �
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
for
CONSTRUCTION AC'TIVIT'IES
In compliance with the provision of North Carolina General Statute 143 - 215.1, other lawful
standards and regulations promulgated and adopted by North Carolina Environmental
Management Commission and the Federal Water Pollution Control Act as amended:
All owners or operators of stormwater point source discharges associated with
construction activities including clearing, grading or excavation activities resulting in
the disturbance of land greater than or equal to one acre, or that are part of a common
plan of development of that size, are hereby authorized to discharge stormwater to the
surface waters of North Carolina or to a separate storm sewer system conveying
stormwater to the surface waters in accordance with the terms and conditions set forth
herein. Failure to receive coverage under this permit or violations of any of the
conditions listed may result in assessment of state or federal civil or criminal penalties
for each day of violation.
The General Permit shall become effective on August 3, 2011.
The General Permit shall expire at midnight on July 31, 2016.
Signed this day July, 20
een H. lips, Director
Division of Water Quality '
By the Authority of the Environmental Management Commission
Page 1 of 16
z
S
SECTION i
COVERAGE UNDER THE GENERAL PERMIT
Until this State of North Carolina General Permit expires or is modified or revoked, the permittee is
authorized to discharge stormwater in accordance with the terms and conditions of this permit and in
accordance with an approved Erosion and Sedimentation Control Plan by the North Carolina Division
of Land Resources, Land Quality Section, or a delegated local program under the provisions and
requirements of North Carolina General Statutes in Article 4 of Chapter 113A to the surface waters of
North Carolina or to a separate storm sewer system. The permit, along with state statutes (N.C.G.S.
143- 215.1) and rules (NCAC 21-1.0 100) relating to stormwater permitting are designed to work
together to assure compliance with the NPDES requirements of the Clean Water Act. Furthermore,
North Carolina rules in Title 15A NCAC 2H .0126 adopt by reference the federal stormwater
permitting requirements.
Any other point source discharge to surface waters of the state is prohibited unless covered by another
permit, authorization or approval. The discharges allowed by this General Permit shall not cause or
contribute to violations of North Carolina Water Quality Standards for surface waters and wetlands (I 5A
NCAC 2B .0200). Discharges allowed by this permit must meet all applicable water quality certification or
permit requirements as outlined in 15A NCAC 21-1.0500 and 2H .1300. This permit does not relieve the
permiee from responsibility for compliance with any other applicable federal, state, or local law, rule,
standard, ordinance, order, judgment, or decree.
This General Permit is applicable to point source discharges from construction activities disturbing
one or more acres of land. The application to the Division of Land Resources or a delegated local
program for approval of a local Erosion and Sedimentation Control Plan (E &SC Plan) shall be considered
to take the place of a Notice of Intent for coverage under this General Permit for those projects requiring
this Permit coverage. Coverage under this General Permit shall become effective upon issuance of an
approval for the E &SC Plan by the Division of Land Resources or delegated local program that includes,
the following: _
a. Designation on the plans where the specific ground stabilization requirements apply as per Section
I1.B.2 of this permit.
b. Designs of basins with surface withdrawal as per Section II.13.4 of this permit.
Prior to the commencement of construction and land disturbing activities, approval of the E &SC Plan shall
be obtained.
This General Permit revision reflects changes made in the federal regulations effective February 1,
2010. The federal regulations were a result of litigation that mandated that construction activities over a
certain size must contain additional specifications that would result in reduced wastes and sediment
loading reaching the ration's waters. The Division of Water Quality and the Division pf Land resources
established a Construction General Permit Technical Advisory Group (CTAG) to provide them guidance
in developing the permit. The CTAG was comprised of 14 members who represented a broad range of
environmental, regulatory, government and development interests. A Draft Construction General Permit
was prepared and made available for review on May 13, 2011. A public meeting was held on June7th.
This permit reflects the input received during the twelve- month development process.
Any owner or operator not wishing to be covered or limited by this General Permit may apply for an
individual NPDES permit in accordance with NPDES procedures in 15A NCAC 21-1,0100, stating the
reasons supporting the request. Ail application for an individual permit shouiu be made at least 180 days
prior to the time the permit is needed unless waived, by the Director.
This General Permit does not cover activities or discharges covered by an individual NPDES permit until
the individual permit has expired or has been rescinded. Any person conducting an activity covered by an
Page 3 of 16 .
*The individual requirements to be addressed in each E&SC Plan application can be found at
http: / /portal.ncdenr.or eb /lr /erosion . See "Plan check list for designers."
SECTION U.B. - STORMWATER POLLUTION PREVENTION REOUIREIVIENTS IN THE
NC CONSTRUCTION GENERAL PERMIT
In addition to the stormwater pollution prevention controls found in the USC Plan, this Construction
General Permit contains additional conditions that must be met in order to comply with the NPDES
program requirements. They are as follows:
11 Construction Site Pollutants
Perrnittee must manage activities on the site such that water quality standards are not violated from site
activities or allowed discharges. In addition to stream pollution from sediment discharge, other
activities on construction and development sites can result in pollutants reaching the state's waters.
EPA has prepared guidance documents that provide best management practices that address many
activities. See hgp: / /cfvub.ma -pov/ npdes /stormwaterlmenuofbrMstindex_cfm ?action =min measure &min measure id--4
The following activities, and others on a site - specific basis, require oversight throughout the
construction and development process to assure that all water quality standards are protected:
a) Equipment Operation and Maintenance - Equipment utilized during the construction activity on
a site must be operated and maintained in such a manner as to prevent the potential or actual
pollution of the surface or ground waters of the state. Fuels, lubricants, coolants, and hydraulic
fluids, or any other petroleum products, shall not be discharged onto the ground or into surface
waters. Spent fluids shall be cleaned up and disposed of in a manner so as not to enter the
waters, surface or ground, of the state and in accordance with applicable state and federal
regulations.
b) Material Handling - Herbicide, pesticide, and fertilizer usage during the construction activity
shall be consistent with the Federal Insecticide, Fungicide, and Rodenticide Act and shall be in
accordance with label restrictions.
c) Building Material Waste Handling
i) All wastes composed of building materials shall be disposed of in accordance with North
Carolina General Statutes, Chapter 130A, Article 9 - Solid Waste Management, and rules
governing the disposal of solid waste (North Carolina Administrative Code Section 15A
NCAC 13B).
ii) Locate areas dedicated for management of land clearing and demolition debris, construction
and domestic waste, and hazardous or toxic waste. This location shall be at least 50 feet
away from storm drain inlets and surface waters unless it can be shown that no other
alternatives are reasonably available.
iii) Dumping of paint and other liquid building material wastes in storm drains is prohibited.
iv) Litter and Sanitary Waste - The permittee shall control the management and disposal of litter
and sanitary waste from the site.
d) Location of Stock Piles - Locate earthen - material stock pile areas at least 50 feet away from
storm drain inlets and surface waters unless it can be shown that no other alternatives are
reasonably available.
e) Handling of Concrete
i) Concrete materials onsite, including excess concrete, must be controlled and managed to avoid
contact with surface waters, wetlands or buffers. No concrete or cement slurry shall be
discharged from the site. (Note that discharges from onsite concrete plants require coverage
under a separate NPDES permit — NCG140000.)
it) Any hardened concrete residue will be disposed ol; or recycled on site, in accordance with
local and state solid waste regulations.
Page 5 of 16
e) Inspections are only required to be made during normal business hours. When adverse
weather conditions would cause the safety of the inspection personnel to be in jeopardy,
the inspection can be delayed until it is deemed safe to perform these duties. (Times when
inspections were delayed because of safety issues should be noted in the Inspection
Record.) If the inspection cannot be done on that day, it must be completed on the
following business day.
f) Twenty -four Hour Reporting for visible sediment deposition
i) The permittee shall report to the Division of Water Quality central office or the j
appropriate regional office any visible sediment being deposited in any stream or
wetland or any noncompliance which may endanger health or the environment. (See
Section VIII of this permit for contact information.) Any information shall be provided
orally or electronically within 24 hours from the time the permittee became aware of the
circumstances.
ii) A written submission shall be provided to the appropriate regional office of the Division
of Water Quality within 5 days of the time the permittee becomes aware of the
circumstances. The written submission shall contain a description of the sediment
deposition and actions taken to address the cause of the deposition. The Division of
Water Quality staff may waive the requirement for a written report on a case -by -case
basis.
g) Records of inspections made during the previous 30 days shall remain on the site and available
for agency inspectors at all times during normal working hours, unless the Division of Water
Quality provides a site - specific exemption based on unique site conditions that make this
requirement not practical. Older records must be maintained for a period of three years after
project completion and made available upon request The records must provide the details of
each inspection including observations, and actions taken in accordance with this permit. The
permittee shall record the required rainfall and monitoring observations on the Inspection Record
form provided by the Division or a similar inspection form that is inclusive of all of the elements
contained in the Division's form. Use of electronically - available records, in lieu of the required
paper copies for inspection will be allowed if shown to provide equal access and utility as the
hard -copy records.
h) Inspection records must include, at a minimum, the following:
i) Control Measure Inspections: Inspection records must include at a minimum: 1)
identification of the measures inspected, 2) date and time of the inspection, 3) name of
the person performing the inspection, 4) indication of whether the measures were
operating properly, 5) description of maintenance needs for the measure, 6) corrective
actions taken (7) date of actions taken, as well as the date and amounts of rainfall
received.
ii) Stormwater Discharge Inspections: Inspection records must include at a minimum: 1)
identification of the discharge outfall inspected, 2) date and time of the inspection, 3)
name of the person performing the inspection, 4) evidence of indicators of stormwater
pollution such as oil sheen; floating or suspendedsolids or discoloration, 5) indication of
visible sediment leaving the site, 6) actions taken to correct/prevent sedimentation and
7) date of actions taken.
iii) Visible Sedimentation Found Outside the Site Limits: Inspection records must include:
1) an explanation as to the actions taken to control future releases, 2) actions taken to
clean up or stabilize the sediment that has left the site limits and 3) the date of actions
taken.
iv) Visible Sedimentation Found in Streams or Wetlands: All inspections should include
evaluation of streams or wetlands onsite or offsite (where accessible) to determine if
visible sedimentation has occurred.
i' ) Visible Strearn Turbidity - if the discharge from a site results in an iiie ease iii visible stitaw
turbidity, inspection records must record that evidence and actions taken to reduce sediment
contributions. Sites discharging to streams named on the state's 303(d) list as impaired for
sediment - related causes may be required to perform additional monitoring, inspections or
Page 7 of 16
1) Continuation of Previously Permitted Projects -Projects and their corresponding activities
permitted under the previous version of the NC general permit for construction activities will
continue to be valid with the previous permit conditions and will be considered covered under this
general permit.
2) Projects submitted prior to the effective date of the permit— Complete project applications that
were received prior to the effective date of this permit, but not approved by the permitting
authority until after approval of this NPDES permit, can rely on design and management practices —
effective at the time of application submittal.
3) Implementation of the Erosion and Sedimentation Control Plan (USC Plan):
a) The Permittee must implement and follow the E &SC Plan, which has been approved by the
Division of Land Resources or local delegated program.. The approved E &SC Plan is
considered a condition of this general permit.
b) Deviation from the approved E &SC Plan, or approved amendment, shall constitute a violation
of the terms and conditions of this general permit except that deviation from the approved plan
will be allowed:
i) to correct an emergency situation where sediments are being discharged off the site,
or,
ii) when minor modifications have been made that result in an alteration or relocation of
an erosion or sedimentation control measure and does not affect the ability of the
measure to perform as intended.
c) Allowed deviations must be noted on the approved E&SC Plan and maintained at the job site.
d) Prior to the commencement of any land disturbance onsite, and during the construction
activities, a copy of the approved E&SC Plan and this NPDES construction permit shall be
maintained on the site. These documents must be kept current and up to date.
4) BMPs and Control Measures -Consistent with the provisions contained in this permit and the
E &SC Plan, the permittee must select, install, implement and maintain best management practices
(BMPs) and control measures that minimize pollutants in the discharge to meet the requirements
of this permit,
5) Additional Action - If there is evidence indicating that the stormwater discharges from the site are
impacting or have the potential to impact surface waters or wetlands, the Division of Water
Quality may take appropriate actions including any or all of the following:
a) take compliance and enforcement action;
b) require the permittee to include and implement appropriate control and restoration measures;
c) require the permittee to develop and implement additional site - specific stormwater pollution
prevention measures;
d) require the permittee to obtain an individual permit.
b) When an Individual Permit may be Required - The Director may require any owner /operator
authorized to discharge under a certificate of coverage issued pursuant to this general permit to
apply for and obtain an individual permit or a general permit with additional conditions. Any
interested person may petition the Director to require an individual permit pursuant to 15A NCAC
2H.0127. Cases where an individual permit may be required include, but are not limited to, the
following:
a) The receiving stream is of a unique quality and the standard conditions may not provide
adequate protection.;
b) The discharger is a significant contributor of pollutants;
c) Conditions at the permitted site change, altering the constituents and/or characteristics of the
discharge such that the discharge no longer qualifies for a General Permit;
Page 9 of 16
inadequate treatment or control facilities, lack of preventive maintenance, or careless or
improper operation.
b) . Effect of an Upset - An upset constitutes an affirmative defense to an action brought for
noncompliance with technology based permit effluent limitations if the requirements of
paragraph c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by- upset, and before an action for noncompliance, is
final administrative action subject to judicial review.
c) Conditions Necessary for a Demonstration of Upset - A pen-nittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
i) An upset occurred and that the permittee can identify the cause(s) of the upset;
ii) The permitted facility was at the time being properly operated;
iii) The permittee submitted notice of the upset as required in this general permit, and,
iv) The pennittee complied with any remedial measures required in this general permit.
d) Burden of Proof - In any enforcement proceeding, the permittee seeking to establish the
occurrence of an upset has the burden of proof.
5) Inspection and Entry - The permittee shall allow the Director or an authorized representative
(including an authorized contractor acting as a representative of the Director), upon the
presentation of credentials and other documents as may be required by law, to:
a) Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this general permit;
b) Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this general permit;
c) Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this general permit; and
d) Sample or monitor at reasonable times, for the purposes of assuring general permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at any
location.
SECTION V
PERMIT ADMINISTRATION AND COMPLIANCE ISSUES
1) Time of compliance — Erosion and sedimentation control measures shall be maintained, and self -
monitoring shall continue, after the completion of construction and development until the
establishment of permanent ground cover sufficient to restrain erosion or until the financially
responsible party has conveyed ownership or control of the tract of land for which the erosion and
sedimentation control plan has been approved and the agency that approved the plan has been
notified. If the financially responsible party has conveyed ownership or control of the tract of land
for which the Erosion and Sedimentation Control Plan has been approved, the new owner or
person in control shall conduct and document self - monitoring until the establishment of permanent
ground cover sufficient to restrain erosion,
Upon establishment of permanent ground cover sufficient to restrain erosion, the permittee shall
request an inspection by the permitting authority to verify the adequacy of the ground cover.
Coverage under the permit shall end when a Sedimentation Inspection Report is issued
documenting the final stabilization of the site with adequate permanent ground cover. The signed
Sedimentation Inspection Report shall serve as a notice of termination.
2) Operation efficiency - During construction and until the completion of construction or
development and the establishment of permanent stabilization, the permittee shall provide the
operation. and main- n.'nce necessary to operate &.e storm water control measures and all erosion
and sedimentation control measures at optimum efficiency.
3) Corrective action - If inspections required by this permit identify a need for maintenance of control
measures, modifications or additions to control measures, or corrective actions to control sediment
Page I I of 16
6) Civil and Criminal Liability - Except as provided in Section N.3. of this permit regarding
bypassing of stormwater control facilities, nothing in this general permit shall be construed to
relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant
to NCGS 143-215.3,143-215.6A, 143- 215.613, 143- 215.6C or Section 309 of the Federal Act, 33
USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish
kills, even though the responsibility for effective compliance may be temporarily suspended.
7) Oil and Hazardous Substance Liability - Nothing in this general permit shall be construed to
preclude the institution of any legal action or relieve the permittee from any responsibilities,
liabilities, or penalties to which the permittee is or may be subject to under NCGS 143 - 215.75 et
seq, or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible
for consequential damages, such as fish kills, even though the responsibility for effective
compliance may be temporarily suspended.
8) Property Rights - The issuance of this general permit does not convey any property rights in either
real or personal property, or any exclusive privileges, nor does it authorize any injury to private
property or any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
9) Severability - The provisions of this general permit are severable, and if any provision of this
general permit, or the application of any provision of this general permit to any circumstances, is
held invalid, the application of such provision to other circumstances, and the remainder of this
general permit, shat] not be affected thereby.
10) Duty to Provide Information - The permittee shall furnish to the Director, within a reasonable time,
any information which the Director may request to determine whether cause exists for modifying,
revoking and reissuing, or terminating the certificate of coverage issued pursuant to this general
permit or to determine compliance with this general permit. The permittee shall also furnish to the
Director upon request, copies of records required to be kept by this general permit.
11) Signatory Reguirements
a) All applications, reports, or information submitted to the Director shall be signed and certified
as follows:
i) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the
manager of one or more manufacturing production or operating facilities provided the
manager is authorized to make management decisions which govern the operation of the
regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other comprehensive measures
to assure long term environmental compliance with environmental laws and regulations;
the manager can ensure that the necessary systems established or actions taken to gather
complete and accurate information for permit application requirements; and where
authority to sign documents has been assigned or delegated to the manager in accordance
with corporate procedures.
ii) For a-partnership or soieproprietorship: by a general partner or the proprietor,
respectively; or
iii) For a municipality, State, Federal, or other public agency: by either a principal executive
officer or ranking elected official.
b) All reports required by the general permit and other information requested by the Director
shall be signed by a person described above or by a duly authorized representative of that
person. A person is a duly authorized representative only if.
i) The authorization is made in writing by a person described above;
ii) The authorization specified either an individual or a position having responsibility for the
overall operation of &te regulated facility or activity, such as the posit-,'or� ofplant;nanager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or
an individual or position having overall responsibility for environmental matters for the
Page 13 of 11 6
SECTION VI
DISCHARGE MONITORING AND TURBIDITY LIMITATIONS
This General Permit does not include requirements for numeric limits for discharges from construction
sites. However, the next reissuance of this North Carolina Construction General Permit (NCG 01) is
scheduled for five years from the date of approval of this permit and will contain effluent limitations as
required in Subpart B- Construction and Development Effluent Guidelines of Part 450 of the Code of
Federal Regulations.
SECTION VII
DEFIMTIONS
]) Act or "the Act' or CWA - The Federal Water Pollution Control Act, also known as the Clean
Water Act, as amended, 33 USC 1251, et. seq.
2) Best Management Practices (BMPs) -Schedules of activities, prohibitions of practices,
maintenance procedures, and other management practices to prevent or reduce the pollution of
- waters of the United States. BMPs also include treatment requirements, operation procedures,
and management practices to control site runoff, spillage or leaks, sludge or waste disposal, or
drainage from raw material storage.
3) Bypass - The intentional diversion of stormwater from any portion of a stormwater control
facility.
4) Control Measures - Refers to any BMP or other structural or non - structural practices and
procedures used to prevent or reduce the discharge of pollutants including practices to control
erosion and sedimentation.
5) Director - The Director of the Division of Water Quality.
6) Division - The Division of Water Quality, Department of Environment, and Natural Resources.
7) EMC - The North Carolina Environmental Management Commission.
8) Erosion and Sedimentation Control Plan - A plan developed in compliance with the North
Carolina Sedimentation Pollution Control Act of 1973 to prevent the erosion and deposition of
sediment and other materials into the waters of the State from construction or other land -
disturbing activities that disturb one or more acres of land. Each plan must be approved by the
NC Sedimentation Control Commission or a program delegated by the Commission to a local
government.
9) Ground cover- Any vegetative growth or other material which, when applied to the soil
surface, renders the soil surface stable against accelerated erosion.
10) Normal Business Hours - These are generally considered to be between the hours of 6 a.m. and 6
p.m., or when workers are nonnally present on the construction site. Weekends and federal holidays
are not considered normal business hours unless construction activities are taking place on the site
during those times.
11) Permitting Authority - The permitting authority is the agency that issues the permit The Division of
Water Quality is the delegated NPDES permitting authority and issues this permit. However, some
erosion and sedimentation control activities are performed by Division of Land Resources or the
locally - delegated programs. Other activities may be shared by the two divisions and the local
programs. The Land Quality Section of the Division of Land Resources and the Surface Water
Protection Section of the Division of Water Quality maintain a Memorandum of Understanding that
specifies specific roles of the two divisions and the local programs and will be used to assign
specific control and oversight activities between the agencies.
12) Permanently Cease - When all or part of the land disturbing activity is complete and no additional
alteration or disturbance of the land surface is planned prior to final stabilization.
13) Permanent Stabilization - When all soil disturbing activity is completed and exposed soils have been
stabilized with a vegetative cover with a density of at least 80% or covered with a structural
stabilization method. Permanent perennial vegetation may include the use of sod, shrubs and ground
cover plants mixed with mulching, aggregate or other landscaping techniques. Structural methods
include concrete, asphalt, retaining wall or other stabilization techniques.
Page 15 of 16
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MOSELEY
January 23. 2013
Sanford Contractors, Inc.
Attn: Tom Haislio
628 Rocky-Fork Church Road
Sanford; NC 27332
RE: CVS'# 101.46 Site— Aberdeen. NC
Dear Torn:
Please be advised that Moseley Real Estate Advisbrs, as agent f6r CVS 10136 Aberdeen (Parcel Al, and
MoseleyREA Aberdeen, LLC, as Ownerbftlhe adjacent parcel (Parcel B), Have no, issues'with Sanford Contractors
utiliAn- the excess dirt frorn'the above referenced -site on other projects you may be working on. °The�Owners
mares no representations with eegairds to the quality•andfor sttictural integrity of the material and waives all
responsibility for the °material once it leaves the site.
Should you have ahy questions, please don't hesitate to contact me at 704- 3,67 -1800
Sin er, Y; J.
Diana Brown,
Construction Manager
Moseley'Real Estate Advisors
1 100- KEPnLWOR'rH AVENUE • SurrE 210- CHARL61TE NC'28204 - 704.361.1800- FAx 704.367 -1865
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