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HomeMy WebLinkAboutNCC220616_ESC Approval Submitted_20220209ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality January 19, 2022 LETTER OF APPROVAL WITH MODIFICATIONS Harnett Central Holdings, LLC Attn: Richard L. Van Tassel II, Manager 10305 Penny Road Raleigh, NC 27606 RE: Project Name: Partridge Village Subdivision Acres Approved: 63.2 Project ID: HARN1-2022-059 County: Harnett, City: Black River Neills Creek, Address: 4391 NC Hwy 210 River Basin: Cape Fear Stream Classification: Other Submitted By: The Spaulding Group, PA Date Received by LQS: January 16, 2022 Plan Type: Revised Dear Mr. Van Tassel: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications. A list of the modifications and reservations 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 NCG010000 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 fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project, you MUST obtain the COC prior to commencement of any land disturbing activity. The eNO1 form may be accessed at deg.ne.gov/NCG01. Please direct questions about the eNOI foram to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. Title 15A NCAC 4B .01 1S(a) and the NCGO 1 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 NCG01 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Fayetteville Regional Office 1 225 Green Street, Suite 714 [ Fayetteville, North Carolina 2830I NOPilHCAR AnNA ou.mn�sm W'J' M IIWI oaany 910,433,3300 Letter of Approval with Modifications Harnett Central Holdings, LLC January 19, 2022 Page 2 of 3 Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. Title 15A NCAC 413 .0118(a) requires that a copy of the approved erosion control plan be on file at the job site. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this project, 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. You are requested to file an amended form if there is any change in the information included on the form. 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. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, 6-6-4i XL Jodi Pace, EI Regional Engineering Associate DEMLR Enclosures: Certificate of Approval Modifications Required for Approval NPDES NCGO1 Fact Sheet cc: Justin Rohde, The Spaulding Group, PA (electronic copy) Landon Chandler, Senior Planner (electronic copy) DEMLR - Fayetteville Regional Office File Letter of Approval with Modifications l larnett Central I toldings, LLC January 19, 2022 Page 3 of') MODIFICATIONS REQUIRED FOR APPROVAL Project Nacnc: PARTRIDGF VILLAGE SUBDIVISION Project Number: IIARNE-2022-033 County: HARNET Provide two full size copies of revised plan sheet C-4.11, showing the Modification required for approval, prior to beginning any land -disturbing activity. 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 110 f ., ...ITLITIMM EFFECTIVE NOVEMBER 19, 2021 C.S. 113A-54.2(a) reads as rewritten: "(a) An application fee of one hundred dollars ($100.00) per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project shall be charged for the review of an erosion and sedimentation control plan under this Article." This section becomes effective November 19, 2021. and applies to applications submitted on or after that date. 15A NCAC 04B .0126 PLAN REVIEW FEE (b) Each plan shall be deemed incomplete until the plan review processing fee is paid. (c) The plan review processing fee shall be based on the number of acres, or any part of an acre, of disturbed land shown on the plan. Fact Sheet on the New NCGO1 Permit DRE QM April 2019 The NC Construction General Permit (also known as "NCGO1") 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 NCGO1 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) 707-3639. 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. 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). 1 This list is based on website guidance by the DEMLR Sediment Program. 2 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 NCGO1 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-NOI: Notice of Intent, application form for the NCGO1 permit e-NOT: Notice of Termination, Form for closing out the NCGO1 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1 The NCGO1 Process The new NCGO1 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCGO1 permit in the mail with their E&SC Plan approvals and be considered as covered under the Permit. Federal rules require that DEIVILR receive an NOI on each construction project and issue each construction project its own COC. Under the new NCGO1 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 NCGO1 by completing an e-NOI (available at deg.nc.gov/NCGO1). 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 NCGO1 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 NCGO1 COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCGO1 Permit Why do construction sites have to do this extra application step? DEMLR is required by the EPA to issue a specific COC to every construction site that disturbs one acre or more. DEMLR is working to create a form that combines the E&SC plan approval and e-N01 processes, but that will take more time. For now, DEMLR has created an efficient e-N01 process. If an E&SC Plan is approved before April 1, which permit applies? Projects with already approved E&SC Plans will automatically follow the new NCG01 permit, but will not need to fill out an e-NOI or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 that can be placed into the E&SC plan set. The first covers the site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. Flow 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.gov/NCG01 to submit an e-N01 form to DEMLR. The permittee may begin the construction activity after submittal of the e-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.13.6 of the NCG01 permit. Additional signatory options are set forth in IV.13.6 of the permit. It is possible for consultant to prepare the e-NO1, 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 deq,nc.gov/NCGOI to submit an e-NOT. Will there be a grace period for adherence to the new process? DEMLR does not have the authority to grant a grace period from a federally mandated permit. Permittees will be informed of the new process via web site, E&SC Plan approval letters and list servs. If a construction activity disturbs one acre or more (or is part of common plan of development that disturbs one acre or more) fails to submit an e-NOI after approval of its E&SC Plan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new NCG01 affect the delegated local E&SC Programs? Local programs will continue to review and approve E&SC plans, However, they will no longer send copies of the NCG01 with E&SC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they must submit an e-NOI to DEMLR. Local programs are not required to check if permittees have submitted e- NOls to DEMLR. However, if they wish to do this voluntarily, there will be a tool available on DEMLR's web site for them to view a list of construction projects that have submitted e-NOIs. When local programs close out an E&SC Plan, the close-out letter will advise permittees that they must submit an e- NOT. DEMLR will provide sample language. Local programs may approve E&SC plans that meet state sediment laws and rules even if those plans are not compliant with all of the NCG01 requirements. However, their permittees will be required to add two plan sheets (which will be provided by DEMLR) to their E&SC Plans to ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NCG01 permit.