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HomeMy WebLinkAboutNCC230625_ESC Approval Submitted_20230309ROY COOPER Governor ELIZABETH S. BISER Secretary DOUGLAS R. ANSEL Interim Director NORTH CAROLINA Environmental Quality March 1, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Public Service Company of North Carolina, Inc. Attention: Andrew Moore, PE, Director of Engineering and Construction P.O. Box 1398 Gastonia, North Carolina 28053 RE: Project Name: NC 150 Phase I Relocation Project Project ID: IREDE-2023 -0 10 Acres Approved: 7.6 acres County: Iredell City: Mooresville Location: NC-150 River Basin: Catawba Stream Classification: Other Submitted By: HDR Date Received by LQS: February 14, 2023 Plan Type: New (Express) Dear Mr. Moore: 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. 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 party must obtain a new COC. Title 15A NCAC 4B .0118(a) and the NCGOI permit require that the following documentation be kept on file at the job site: North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 =r>r+p 704-663-1699 Letter of Approval with Modifications Public Service Company of North Carolina, Inc. March 1, 2023 Page 2 of 3 1. The approved E&SC plan as well as any approved deviation. 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, 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. In addition, it would be helpful if you notify this office of the proposed starting date for this project. Your cooperation is appreciated. Sincerely, V•V / Jerry W. Eplin, PE Assistant Regional Engineer Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCGO1 Fact Sheet c: HDR Attention: Brandon Walker, PE 4400 Leeds Avenue, Suite 450 North Charleston, South Carolina 29405 North Carolina Department of Environmental Quality I Division of Energy, Mineral, and Land Resources Mooresville Regional Office 1610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115 704-663-1699 Letter of Approval with Modifications Public Service Company of North Carolina, Inc. March 1, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: NC 150 Phase I Relocation Project Project ID: IREDE-2023-010 County: Iredell Reviewed by: Jerry W. Eplin, PE 1. All necessary easements and access agreements must be obtained and be current prior to starting work. All potentially affected property owners must be notified prior to utility construction even though the activity is covered under an easement or occurs within a right-of-way [G.S. 113A-54.I(al)]. 2. Additional measures may be required - The applicant is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the applicant must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115] North Carolina Department of Environmental Quality Division of Energy. Mineral, and Land Resources a Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28115 704-663-1699 Fact Sheet on the New NCGO1 Permit ®EQ� O.Mm April 2019 ,.N . bKnaxwnW .w The NC Construction General Permit (also known as "NCG01") 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 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) 707-3639. 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);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 "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). 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. 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 form for the NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 The N0O01 Process The new NCG01 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCG01 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 N01 on each construction project and issue each construction project its own COC. Under the new NCG01 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 NCG01 by completing an e-N01 (available at d1ea.nc.n'D `iCG01). The e-NOI will only take about 20 minutes to fill out and submit en -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 §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. 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-NOI processes, but that will take more time. For now, DEMLR has created an efficient e-NOI 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 a-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 dery.nc.goy/M03-01 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 E&SC Plan approvals from DEMLR or the local E&SC program like before. The E&SC approval letter will instruct the permittee to visit to submit an e-NO1 form to DEMLR. The permittee may begin the construction activity after receipt of the COC (within three days*). The permittee must print and retain a copy of the permit and the COC 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-NOI, save it as a draft, and email it to the responsible entity for signature & submittal. That 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 de .nc.zcv/KDG- 1 to submit an e-NOT. WIII 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-N01 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 a-N01 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. * Or 24 business hours for a project approved under the DEMLR Express review program.