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HomeMy WebLinkAboutNCC230342_ESC Approval Submitted_20230207ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL NORTH CAROLINA Interim Director EnWra nenwl QuWlty February 1, 2023 LETTER OF APPROVAL Gardner Webb University Attention: David Wacaster, Director of Operations for Facilities and Maintenance P.O. Box 997 Boiling Springs, North Carolina 28017 RE: Project Name: Gardner Webb University Amphitheater Project ID: CLEVE-2023-019 Acres Approved: 2.52 Acres County: Cleveland City: Boiling Springs Location: South Main Street River Basin: Broad Stream Classification: Other Submitted By: Wright & Associates Date Received by LQS: January 18, 2023 Plan Type: Revised Dear Mr. Wacaster: 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 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. 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 NCGO10000 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 eNOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible parry must obtain a new COC. 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. North Carolina Department of Environmental Quality I Division of Energy, Mineral, and Land Resources 0.4470—Am IF Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Letter of Approval Gardner Webb University February 1, 2023 Page 2 of 2 2. The NCGO1 permit and the COC, 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 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, the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute I I3A-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. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, Jerry W. Eplin, PE Assistant Regional Engineer Land Quality Section WTA Enclosures: Certificate of Approval NCGO1 Fact Sheet c: Wright & Associates Attention: Miles A. Wright, PE, PLS 209 1st Avenue South Conover, NC 28613 North Carolina Department of Environmental Quality I Division of Energy, Mineral, and Land Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 am 9�. W—W 704-663-1699 act Sheet on the New NCG01 Permit April 2019 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 tobeimplemented mnconstruction sites. However, there are some organizational and technical updates to the permit as described below. Mostnotably, there isanew process in which construction sites will obtain official coverage under an NCGO1 permit through an electronic process. DIEMLR worked with a broad team of stakeholders to make all of these updates. |fyou have questions, contact Annette Lucas at or(919)7D7'3G3g. Organizational Updates The new permit: • Repeats state requirements for E@S[ Plans and organizes them with federal construction activity requirements; • |sclearly organized bytopic; and • Has less text and more tables. Technical Updates The new permit: ~ Requires that the E&SCPlan meet 6VVPPPrequirements (p. l); ~ Provides alist nfitems that must be included inthe SVVPPP,such asthe construction sequence, plans, calculations, etc. (p. 2-4);, w Has updated language onbypasses and upsets that iutailored toconstruction activities (p. 10); m Puts all hmefram*sfor inspections, recund'keepiogand reporting in "calendar days" for clarity and consistency (p.11-l4);z • Changes the inspection frequency (during business hours) tootleast once per 7calendar days and after every storm >1.Oinch (previously O.6 inch);' and * Excludes weekends, state and federal holidays from normal business hours unless construction activities take This list isbased onwebabeguidance bythe DEK4LRSediment Program. The number ofcalendar days was selected tnbeasequivalent as possible with the previous permit. The intent istuprovide predictability to the inspection schedule. COC: Certificate of Coverage, proof ofcoverage under anNCGO1permit DEIVILR: NCDivision ofEnergy, Mineral, and Land Resources B&SC: Erosion & Sedimentation Control e.NO|: Notice ofIntent, application form for the NCGO1 permit e-NOT: Notice ofTermination, form for closing out the WCGO1permit SVWPPP: StonnwoterPollution Prevention Plan, required bythe NCG0l The NCGO1 Process The new NCG01applies tmpermits approved cmmrafter April 1,2019. Permittees will nulonger receive acopy of the NCGO1 permit inthe mail with their E&SCPlan approvals and beconsidered amcovered under the permit. Federal rules require that DEMLRreceive anNO|oneach construction project and issue each construction project its own COC. Under the new N[GO1process, construction sites will continue to receive approval for E&S[Plans from either DEK4LRorthe delegated local E&SCprogram just like before. After receiving E&S[Plan approval, permxtteeswill officially obtain coverage under the NCGO1by completing ane'N0(available ut } The e'N0will only take about 28minutes tofill out and submit nn'|ine. Initially, there will benocharge associated with applying for anNCGO1 permit but onuraround June 12819,DEMLRwill begin charging a$1UU annual general permit fee as required per §143-215.3D. DEK4LRisworking uncreating asingle application form that will allow an applicant tosimultaneously apply for onE&SCpermit and anN[GO1 [0[.That effort ispart nfalarger Permit Transformation project at 111140TAII� Why do construction sites have to do this extra application step? DEK8LRisrequired bythe EPA toissue aspecific [OCtoevery construction site that disturbs one acre ormore. DEMLKisworking tocreate nform that combines the EA6[plan approval and e-NO/processes, but that will take more time. For now, DEK8LR has created an efficiente-N0 prncees. If anE&SC Plan is approved before April 1, which permit applies? Projects with already approved BkSCPlans will automatically follow the newN[GOl permit, but will not need tnfill out an e-NO| nrpay an annual permit fee. However, the permitteesshouN print the new permit and the two standard detail sheets and have them onsite. Will DEMU0offer tools to help permittees comply with the new NCG01? Yes, DEK4LRwiU provide two sample plan sheets at that can beplaced into the E&8Cplan set. The first covers the site stabilization and materials handling portions ofthe permit. The second sheet covers the inspection, record -keeping and reporting portions ofthe permit. How will the new e-NOUsubmittal and COC process work? Pennittees will apply for E&5[ Plan approvals from DEK4LR or the local E86Cprogram like before. The E&5[approva| letter will instruct the permitteetovisit tosubmit ane'00form toDEK8LR. The permittee may begin the construction activity after receipt of the COC (within three days*).The permitteemust print and retain acopy nfthe permit and the [O[on site. Initially, the CO[wU| be issued for free but on nraround June 1,2OlS,a$1OOannual general permit fee will becharged. Who is allowed tosubmit an e-NKO|9orm? Submittal must be by a responsible corporate officer that owns or operates the activity, such asapresident, secretary, treasurer, orvice president pramanager that isauthorized inaccordance with [V.8.5nfthe N[601 permit. Additional signatory options are set forth in |V.B.6ofthe permit. |tispossible for consultant toprepare the e-NO|,save itaaadraft, and email ittuthe responsible entity for signature &submittal. What happens %mthe COCwhen the construction activity iscomplete? When aproject |scomplete, the pennbteexwill contact DEK4LKorthe local delegated program toclose out the E&5[Plan. After DEK4LRorthe local E&S[program inform the permitteeofthe project close out via inspection report, the permitteewill visit <usubmit mne-NOT. Will there be grace period for adherence #mthe new process? D[K8LRdoes not have the authority *ogrant agrace period from a federally mandated permit. PermnUteexwiU be informed ofthe new process via web site, E&SCPlan approval letters and list senm. If construction activity disturbs one acre ormore (or ispart ofcommon plan ofdevelopment that disturbs one acre ormore) fails tosubmit ane'N0 after approval ofits E&S[ Plan, this is avio|otion of federal permitting requirements and the permhteecou|d besubject tn a penalty assessment. How does the new NCGO1 affect the delegated local E&SC Programs? Local programs will continue toreview and approve E&SCplans. However, they will nolonger send copies nfthe NCGO1with E&SCPlan approvals. DEK4LRwill provide sample language tn use inlocal E&SCPlan approvals to advise permi1teesthat they must submit ane'NO|toDEK4LR. Local programs are not required to check if permittees have submitted e NO|otoDEK4UlHnwever, ifthey wish todothis voluntarily, there will bea tool available onDEMLR'sweb site for them toview alist of construction projects that have submitted e'NO|s. When local programs close out anE&5[ Plan, the close-out letter will advise permittees that they must submit an e- NOT. DEN1LRvviU provide sample language. Local programs may approve E&5 plans that meet state sediment laws and rules even ifthose plans are not compliant with all ofthe NCGUl requirements. However, their permhteeswill berequired tnadd two plan sheets (which will beprovided by DEK4LR)totheir E&S[Plans 1oensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion ofthe NCGO1permit. *Or24business hours for oproject approved under the DEMLR Express review program.