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HomeMy WebLinkAboutNCC221660_ESC Approval Submitted_20220429ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director McKee Homes, LLC Patricia Hanchette, President 4208 Six Forks Road, Suite 810 Raleigh, NC 27609 NORTH CAROUNA Environmental Quality December 10, 2021 LETTER OF APPROVAL RE: Project Name: The Glen Acres Approved: 8.9 Project ID: CUMBE-2022-057 County: Cumberland, City: Grays Creek Address: NC HWY 87 River Basin: Cape Fear Stream Classification: Other Submitted by: Andrew Petty Date Received by LQS: December 8, 2021 Plan Type: Residential Dear Mr. Hanchette: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and herebyissue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan 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 413 .0129. As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the commencement of any land disturbing activity on the above -named project. The NOI form may be accessed at deq.nc.govlNCG01. Please direct questions about the NOI form to Annette Lucas at Annette. lucasgncdenr. gov or Paul Clark at Paul.clark ncdenr. ov. After you submit a complete and correct NOT Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or after June 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. North Carolina: Department of Environmental Quality Divistan of Energy. Mineral and Land Resources Fayrtteviile Regional Office i 225 Green Street. Suite 714 1 Fayetmville. North Carolina 28301 910.433 3300 Title 15A NCAC 4B .0118(a) and the NCGO1 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 NCGOI permit and the CDC, once it is received. 3. Records of inspections made during the previous 30 days. 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 Act is performance -oriented, requiring protection of existing natural resources and adjoining properties. If, following the cornrnencement of this project, 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 insure 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. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and the storrnwater retention measures. (GS I I3A-54.1(b)). In addition, it would be helpful if you notify this office of the proposed starting date for this project. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, Gxu�. ?] Chris Baker Assistant Regional Engineer DEMLR - Fayetteville Regional Office Enclosures: Certificate of Approval cc: Andrew Petty, The Curry Engineering Group, PLLC — electronic copy Mike Naylor, Cumberland County Permit Office — electronic copy Fayetteville Regional Office Fact Sheet on the New NCGO1 Permit E �_� April 2019 --- rT_Q The NC Construction General Permit (also known as "NCGOV) 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.Iucas@ncdenr. 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);' • 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 farm for the NCGO1 permit e-NOT; Notice of Termination, form for closing out the NCGO1 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The NCGO1 Process The new NCG01 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 DEMLR receive an NO[ on each construction project and issue each construction project its own CDC. 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, perm ittees will officially obtain coverage under the NCGO1 by completing an a-NOI (available at deq.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 §143-215.313. 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 NCC41 Permit Why do construction sites have to do this extra application step? How does the new NCGO1 affect the DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs? site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review that combines the E&SC plan approval and a-NOI processes, but that will and approve E&SC plans. However, take more time. For now, DEMLR has created an efficient e-NOI process, they will no longer send copies of the NCG01 with E&SC Plan approvals. If an E&SC Plan is approved before April 1, which permit applies? DEMLR will provide sample language to Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to new NCG01 permit, but will not need to fill out an a-NOI or pay an annual advise permittees that they must permit fee. However, the permittees should print the new permit and the submit an e-NOI to DEMLR. 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.�M��I How will the new a-NOi submittal and CDC 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 w I I I - instruct the permittee to visit dea.nc.gov/NCG01 to submit an a-NO1 farm Local programs are not required to to DEMLR. The permittee may begin the construction activity after check if permittees have submitted e- submittal of the e-NOI. The permittee is required to print a copy of the NOls to DEMLR. However, if they wish permit and retain It on site. Initially, the COC will be issued for free but on to do this voluntarily, there will be a or around June 1, 2019, a $100 annual general permit fee will be charged tool available on DEMLR's web site for them to view a list of construction Who is allowed to submit an a-NOI form? projects that have submitted e-NOls. Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president, secretary, treasurer, or vice When local programs cease out an E&5C president or a manager that is authorized in accordance with IV.B.6 of the Pethe close-out letter will advise NCG01 permit. Additional signatory options are set forth in IV.B.6 of the mittees that they must submit an e- permittees permit. It is possible for consultant to prepare the e-NOI, save it as a draft, NOT. DEMLR will provide sample and email it to the responsible entity for signature & submittal. language. What ha peens #o the CDC when the construction activity is complete? Local programs may approve E&SC plans that meet state sediment Paws When a project is complete, the permittees will contact DEMLR or the local plansar e not ar and rules even if those plans delegated program to close out the E&SC Plan. After DEMLR or the local compliant with all of the E&SC program inform the permittee of the project close out via inspection requirements. However, their report, the permittee will visit dect.nc.ovl�aCG07 to submit an e-NOT. permittees will be required to add two Will there be a grace period for adherence to the new process? plan sheets (which will be provided by DEMLR does not have the authority to grant a grace period from a DEMLR) to their E&SC Plans to ensure federally mandated permit. Permittees will be informed of the new that they fully comply with the ground process via web site, E&SC Plan approval letters and list servs. If a stabilization, materials handling, and construction activity disturbs one acre or more (or is part of common plan inspection, re and of development that disturbs one acre or more) fails to submit an a-NOl reporting portioonn oof f t the e NCG01 permit. 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. NOTICE INCREASE IN SEDIMENTATION AND EROSION CONTROL PLAN REVIEW FEE $100.00 PER ACRE OR PART THEREOF EFFECTIVE NOVEMBER 19, 2021 G.S. 113A-54.2(a) reads as rewritten: "(a) An application fee of one hundred dollars (S100.00) 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.