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HomeMy WebLinkAboutNCC230757_ESC Approval Submitted (2)_20230320ROY COOPER EUZABE7H S. BISFR seowtWy DOUGLAS R. ANSEL bttwbn March 2, 2023 LETTER OF APPROVAL County of New Hanover ATTN: Kevin Caison 200 Division Drive Wilmington, NC 28401 RE: Project Name: New Hanover County Jail Vice and Detectives Facility Acres Approved: 7.63 Project ID: NEWHA-2023-015 County: New Hanover City: Wilmington Address: Juvenile Center Road River Basin: Cape Fear Stream Classification: Other Submitted By: Richard Moore, PE, McKim & Creed, Inc. Date Received by LQS: February 1, 2023, February 20, 2023 and March 2, 2023 Plan Type: Industrial Dear Mr. Caison: This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is atiached. 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 eNOI form may be accessed at de. i.nc.u!o��/NCG01. Please direct questions about the eNOI form to the Stormwater Prog am 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. r'r ;�E{ 1 North camit Dep n�v M of Ehnr =tW Qaah t DMss0n cif � MkwrW and Lwd � V a �on R office 4 t27 C:mdbW Drtm Exte%dott = VAltrangtzsn. North Cumfirm 26405 ar. 910,796.7M Letter of Approval County of New Hanover March 2, 2023 Page 2 of 4 Title 15A NCAC 4B .01 18(a) and the NCGOI 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 COC, once it is received. 3. Records of inspections made during the previous 12 months. AIso, 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 Program 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. 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. 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. Sincerely, Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Approval Comments and Conditions NPDES NCGO1 Fact Sheet cc: Richard Moore, PE, McKim & Creed, Inc. 243 North Front Street, Wilmington, NC 28401 Wilmington Regional Office file Letter of Approval County of New Hanover March 2, 2023 Page 3 of 4 APPROVAL COMMENTS AND CONDITIONS Project Name: New Hanover County ]ail Vice and Detectives Facility Project 1D: NEW-IA-2023-015 County: New Hanover 1. 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. The developer is responsible for the control of sediment on -site. If the approved erosion and sedimentation control measures prove insufficient, the developer must take those additional steps necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site and functional until all grading and final landscaping of the project is complete (15A NCAC 04B .0113). Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches (NCGS 113A- 52(6)). 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this Iand disturbing activity. This could include our agency's Stormwater regulations and the Division of Water Resources' enforcement requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers' jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA requirements, the Division of Solid Waste Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances, or others that may be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the developer is responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation. The Land Quality Section must be notified of a relocation of the measures in question to the transition point between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of this approval (NCGS 113A-54.I(b)). Letter of Approval County of New Hanover March 2, 2023 Page 4 of 4 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be included as a permit revision for this approval. 7 This permit allows for a land disturbance, as called for on the application plan, not to exceed 7.63 acres. Exceeding that 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 stormwater retention measures (NCGS 113A-54.1(b)). 8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual 6.63, Rev. 6/06). Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion control devices on this project, it is necessary that the traps and basins and their collection systems be installed before any other grading takes place on site, and that every structure that receives more than one acre of drainage is built so that each dewaters only from the surface (NCG010000). If that proves to be impractical, a revised plan must be submitted and approved that addresses erosion and sediment control needs during the interim period until the traps and basins are fully functioning (1 I3A-54.I(b)). 10. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical (113A-54.I (b)). 11. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCG01 Ground Stabilization And Materials Handling requirements that became effective April I, 2019. The NCGO1 Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCGOI webs ite. 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCG01 Self -Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCGOI Self Inspection, Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGOI website. 13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party shall assure inspections of the area covered by the approved plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-54.1(e). Ref. G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.010I through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities Fact Shed on the New NCG01 PWrit � April 2019 -:. �' The NC Construction General Permit (also known as "NCG01") was renewed on April 1, 2019. The updated permit does not significantly change the measuresthat 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 anew process in which construction siteswill obtain official coverage under an NC 301 permit through an electronic pf oeess. UtM Lk% worked with abroad team of stakeholders to make all of these updates. If you have questions, contact Annette Lucas at Annette.lupp520cienr.gov or (919) 707-3639. Organizational Updates The new permit: Ibpeatsstate req ui rement s fo r ESt 97— Ransand organizesthem with federal construction activity requirements, Is dearly organized by topic; and Has less text and more tables, Technical Updates The new permit: • Requires that the E&MRan meet S IPPPrequirements(p. 2); • Provides list of itemsthat must be induded in the SNPPP, such as the construction sequence, plans, calculations, etc. (p. 2-4);' • Has updated language on bypasses and upsetsthat istailored to construction activities (p. 10); • Puts all timeframesfor 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);I and • Exdudesweekends, state and federal holidays from normal business hours unless construction act ivit i es t ake place (p. 23). This list is based on website guidance by the DEM LRSediment 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 OOC O=rtificate of Cbverage, proof of coverage under an N0301 permit DEMLR NCDivision of Energy, Mineral, and Land Pesources E&9a Erosion & ;sedimentation Control e-NCI: Notice of Intent, application form for the N0301 permit e-NOT: Notice of Termination, form for dosing out the NOG01 permit SSNPPP: Stormwater Pollution Prevention Plan, required by the NOG01 The NOGa1 Process The new NGG01 applies to permits approved on or after April 1, 2019. Perm itteeswill no longer receive a copy of the NOW permit in the mail with their E&SCRan approvals and be considered as covered under the permit. Federal ru I es. req u i re t h at DB\A LR receive an NCN on each construction project and issue each construction project its own OCC Under the new N0001 process, construction siteswill continueto receive approval for 15&8�Plans from either DEMLRor the delegated local I&SCprogram just like before. After receiving E&SCRan approval, permitteeswill officially obtain coverage under the NOG01 by completing an e-NOI (available at deg.nc.gov_I_NOG01). 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 N0301 permit but on or around June 1, 2019, D®VILRwill begin charging a $100 annual general permit fee as required per §143-215.3D. DEMLRisworking on creating a single application form that will allow an applicant to simultaneously apply for an E& permit and an N0G01 CDC That effort is part of a larger Permit Transformation project at DEM LR Why do construction sites have to do thisextra application step? DBVI LR is required by the EPA to issue a specific OOCto every construction site that disturbs one acre or more. IDBM IRisworking to create a form that combinesthe E&S--plan approval and e-NOI processes, but that will take more time. For now, DB\ALRhascreated an efficient e-NOI process. If an E&BCPlan is approved before April 1, which permit applies? Projectswith already approved E&SCRanswill automatically follow the new NO3D1 permit, but will not need to fill out an e-NO or pay an annual permit fee. However, the permittees should print the new permit and the two standard detail sheetsand have them on site. Will DEMI-Roffertoolsto help permitteesoomplywith the new N0301? Yes, DBALRwill provide two sample plan sheets at deg.nc.govIN0301 that can be placed into the E&,9Cplan set. The first ooversthe site stabilization and materials handling portions of the permit. The second sheet covers the inspection, record -keeping and reporting portions of the permit. Howwill the new a-NOI submittal and ODCprooe%work? Permitteeswill apply for E&B;Ran approvalsfrom DRALRor the local E&SC-program like before. The E&Mapproval letter will instruct the permitteeto visit deg.nc.gov1N0301 to submit an e-NO form to DBUILR The permittee may begin the construction activity after receipt of the OOC (within three days*). The permittee must print and retain a copy of the permit and the OOCon site. Initially, the OOCwill 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 -NCI form? ,%bmittal must be by a responsible corporate officer that owns or operatesthe activity, such as president, secretary, treasurer, or vice president or a manager that is authorized in accordance with IVB.6 of the N0301 permit. Additional signatory options are set forth in IV.B.6 of the permit. It is possible for consultant to prepare thee-NOI, save it asa draft, and email it to the responsible entity for signature & submittal. What happensto the OOCwhen the construction activity iseomplete? When a project is complete, the permittees will contact DR1ALRor the local delegated program to close out the E&JCRan. After DBAtR or the local I&B✓program inform the permittee of the project dose out via inspection report, the permittee will visit deg.nc.govl_NC301 to submit an e-NOT. Will there be a grace period for adherence to the new process? DBVI LR does not have the authority to grant a grace period from a federally mandated permit. Pbrmitteeswill be informed of the new process via web site, E&9C;Ran 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) failsto submit an e-NOl after approval of its MEICRan, this isa violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new N0301 affect the delegated local tK9CPrograms? Local programs will continue to review and approve E&ECplans However, they will no longer send copies of the N0001 with E&SCRan approvals. DEMI-Rwill provide sample language to use in local E&SCRan approvals to advise permittees that they must submit an e-NOI to DBALR Local programs are not required to check if permittees have submitted e- NOlsto 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 projectsthat have submitted e-NOIs. When local programs dose out an E&SC Ran, the dose -out letter will advise permitteesthat they must submit an e- NOT. DR A LRwill provide sample language. Local programs may approve E&8:� plansthat meet state sediment laws and rules even if those plans are not compliant with all of the N0301 requirements. However, their permitteeswill be required to add two plan sheets (which will be provided by DBMLF� to their E&9CRansto ensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion of the NCO01 permit. * Or 24 business hours for a project approved under the DEMLRExpress review program.