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HomeMy WebLinkAboutNCC224196_ESC Approval Submitted_20230104onvi//e Cityof Jacksonville •••o oemmm` Public Services Department PO Box 128 • Jacksonville NC 28541-0128 Water Quality Division Central Phone 910 938-5233 Fax 910 938-5208 Habitat Protection Stormwater Manager Phone 910 938-6446 December 13, 2022 LETTER OF APPROVAL Mrs. Neta Grady Onslow County Alcohol 485 Center Street Jacksonville, NC 28546 Beverage Control Board RE: Onslow County Alcohol Beverage Control Board Acres Approved: Total Acres 2.1 Disturbed 1.55 Project ID: 22-15000012 County: Onslow City: City of Jacksonville Address: 485 Center Street, Jacksonville NC 28546 River Basin: White Oak/New River Stream Classification: NSW SC Submitted By: Frank Braxton, CLD Engineering Date Received by: October 29, 2022 Letter of Disapproval: November 1, 2022 Plan Type: Soil and Erosion Control Dear Mrs. Grady, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed Certificate of Approval must be posted at the job site. This plan approval shall ex ire three (3) years following the date of approval, if no land -disturbing activity has been undertaken, as is required by 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 NCGO 10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.g_ov/NCGO1. Please direct questions about the NOI form to Paul.clark@ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. 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 NCGO 1 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. Letter of Approval Mrs. Neta Grady December 13, 2022 Page 2 of 2 Also, this letter gives the notice required by 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 commencement 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. We need to advise you to proceed with caution in the protected wetland and stream areas, no impacts, not even temporary ones, are allowed to the wetlands or Poplar stream until the wetland delineation has been updated (it is currently out of date as of 2008) and approved and all stream crossing and wetland impacts have been permitted. 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. 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. C'_Sincerely, Pat Donovan -Brandenburg Stormwater and Soil/Erosion Control Manager City of Jacksonville Enclosures: Certificate of Approval NCGO1 Fact Sheet Fact Sheet on the New NCG01 Permit March 2019 t hsnbreM M c,nm.-may aasb� The NC Construction General Permit (also known as "NCG01") was renewed 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 Acronyms to Know The new permit: COC: Certificate of Coverage, proof of obtaining an NCG01 permit • Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources Plans and organizes them with federal E&SC: Erosion & Sedimentation Control construction activity requirements; a-NOI: Notice of Intent, application form for the NCG01 permit • Is clearly organized by topic; and a -NOT: Notice of Termination, form for closing out the NCG01 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 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 s f 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 The NCG01 Process "calendar days" for clarity and The new NCG01 applies to permits approved on or after March 1, 2019. consistency (p. 11-14);2 Permittees will no longer receive a copy of the NCG01 permit in the mail • Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the (during business hours) to at least permit. Federal rules require that DEMLR receive an NOI on each once per 7 calendar days and after construction project and issue each construction project its own COC. every storm > 1.0 inch (previously 0.5 inch);' and Under the new NCG01 process, construction sites will continue to • Excludes weekends, state and federal receive approval for E&SC Plans from either DEMLR or the delegated holidays from normal business hours local E&SC program just like before. After receiving E&SC Plan approval, unless construction activities take permittees will officially obtain coverage under the NCG01 by place (p. 23). completing an e-NOI (available at deq.nc.gov/NCG01). The e-NOI will only take about 20 minutes to fill out and submit on-line. ' This list is based on website guidance Initially, there will be no charge associated with applying for an NCG01 by the DEMLR Sediment Program. permit but on or around May 1, 2019, DEMLR will begin charging a $100 z The number of calendar days was annual general permit fee as required per §143-215.3D. selected to be as equivalent as possible with the previous permit. DEMLR is working on creating a single application form that will allow an ' The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCG01 to the inspection schedule, COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCG01 Permit Why do construction sites have to do this extra application step? DEMLR is required by the 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-N0l 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-NOI or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 that can be placed into the E&SC plan set. The first covers the site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. How will the new a-NOI submittal and COC process work? Permittees will apply for 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 deq.nc.gov/NCG01 to submit an e-N01 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 for free 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 deq.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- 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-N01 to DEMLR. ma 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.