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HomeMy WebLinkAboutNCC231018_ESC Approval Submitted_20230414 .0,srAiga ROY COOPER , Governor 1 ELIZABETH S. BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality January 3, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Piedmont Natural Gas Company, Inc. Attention: Jeremy Koster, VP of Strategic Operations 4720 Piedmont Row Drive Charlotte, North Carolina 28233 RE: Project Name: PNG Highway 522 Rocky River Extension (Express) Project ID: UNION-2023-046 Acres Approved: 10.35 acres County: Union City: Monroe Location: South Rocky River Road River Basin: Catawba Stream Classification: Other Submitted By: WK Dickson & Co. Inc. Date Received by LQS: December 19, 2022 Plan Type: New Dear Mr. Koster: 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 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 deq.nc.gov/NCG01. 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 NCG01 permit require that the following documentation be kept on file at the job site: 3 North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 -- — 704-663-1699 Letter of Approval with Modifications Piedmont Natural Gas Co. Inc. January 3, 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, llitiSil/ ,g.."C erry W. Eplin, PE Assistant Regional Engineer Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCGO1 Fact Sheet c: WK Dickson& Co. Inc. Attention: Matthew D. Bare, PE 1213 W. Morehead Street, Ste 300 Charlotte,North Carolina 28208 North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 704-663-1699 Letter of Approval with Modifications Piedmont Natural Gas Co. Inc. January 3, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: PNG Highway 522 Rocky River Extension(Express) Project ID: UNION-2023-046 County: Union 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-54.1(al)]. 2. Additional measures may be required, particularly at entrance and exit access areas to prevent tracking onto pavement. 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 the site. [15A NCAC 4B .0115] 10 North Carolina Department of Environmental Quality 1Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704-663-1699 y z c ' W y r — w — g 1:$ e 71 Ohi kg b 6( PIZ CI C •,° W u Vv g .- : 5 ...." ....., .1 ctt © A.d h h Q p .2 41 e� 61 I , >,,%q,—_Rol j,1, \ A M .�0 e� 2 M"'� , a, ^ ,W ,1 .vri\ t v1 r-I � �i 7-';':1:E 1 *."1 •,71 1..) ...) cj CI 6 La) ,,..ils *._ \!_,--, ,w ;.., ... 6,11 i of y Q..., .4..0 6 a z le, 0 CL) Q I g is) rd C `I/ g, „, et = t 4 ct i •4' \ /4►- V • `\ . i h. Viral ' - ^ ,� �C C�, Cl?*No c4 E ci.;' 1.' 6 a . 4. ,„ ,... , ,v.•0 42 0 n . cf) 4 6 eu Lj a14 .4.> CI) 'v., •■-, 0 0 46 4-i 4t PIT4 c„) — 0 6 61 ,,_, el.' a . .0 ,..., _ . cu i :El 4 : : etg -4. ) • • = 0 It; CIA too ey '6 71.W = N o Cs) .� y M y o Fact���� ������ ��� ���� ����rW�o����� �� ��u�"�v�u =..° mmm.� u�~... o�����u� U V—n�x �UoU� E Q d��� ^U 2019 `- — The NC Construction General Permit(also known ao"NCGOV)was renewed om 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. |f you have questions, contact Annette Lucas atAnnette,|ucam@ncdenr'govor(919)707-3639. Organizational Updates Acronyms tmKnow The new permit: C0[: Certificate of Coverage,proof nf coverage under anN[GOlpermit | ° Repeats state requirements for E@LS[ DE0WLR: NC Division of Energy,Mineral,and Land Resources Plans and organizes them with federal E&SC: Erosion(kSedimentation Control construction activity requirements; e-N0}l: Notice of Intent,application form for the NCGO1permit w b clearly organized by topic; and e`N@T/ Notice of Termination,form for closing out the NCGO1permit * Has less text and more tables. SVVPpp: Stormweter Pollution Prevention Plan, required by the NCG81 Technical Updates The new permit: • Requires that the E&S[Plan meet SVVPPP requirements(p. 2); • Provides a list of items that must be included in the SVVpPP,such asthe construction sequence,plans, calculations, etc. (p. 2-4)�� p Has updated language on bypasses and upsets that is tailored tuconstruction activities (p. 10); ^ Puts all Urnefmmes for inspections, � ------------ -- ---' —| record-keeping and reporting in The NCG01 Process "calendar days"for clarity and The new NCG01 applies tm permits approved mnprafter April 1,2819� consistency(p. 11'14);z * Changes the inspection frequency pennittee«will oo longer receive a copy of the N[GOIpermit U in with their E&S[Plan approvals and be considered as covered under the (during business hours)1oatleast permit. Federal rules require that DEK8LR receive anNO|oneach once per 7 calendar days and after every storm> 1.D inch(previously O.S construction project project . inch);'and Under the new N[GO1 process,construction sites will continue to * Excludes weekends,state and federal receive approval for E&SC Plans from either DEMLRor the delegated holidays from normal business hours local E&S[program just like before.After receiving E&SC Plan approval, unless construction activities take permktees will off icia|ly obtain coverage under the NCG01by place(p.23). completing ane'NO| (available atdeq.nc.Aov/.N[GO1), The e'NOIwill only take about JD minutes to fill out and submit on'Une. � This list is based onwebsiteguidance by the DEK8LR Sediment Program. Initially,there will be no charge associated with applying for on NCGO1 z The number of calendar days was permit but ono'around June 1'2O19, DEMLR will begin charging a$1O0 | selected tobeao equivalent as annual general permit fee as required per§143'315.3D. ' possible with the previous permit. DEK0LRis working on creating a single application form that will allow an ^ The intent isto provide predictability applicant to simultaneously apply for anE&S[permit and anN[G01 to the inspection schedule. CO[That effort is part ofa larger Permit Transformation project at DEK8LR. l " bomtthe ; �e','. ' 1C 01 Per , It Why dm construction sites have to do this extra application step? How does the new NCG01 affect the DEKULKis required by the EPA to issue a specific CO[tn every construction delegated local E&SC Programs? site that disturbs one acre ormore. DE&4LRis working to create aform Local programs will continue toreview that combines the E&S[plan approval and e'NO| processes, but that will and approve E05[plans. However, take more time. For now, DEK4LR has created an efficient e-N0process. they will no longer send copies ofthe N[GO1 with E8kSC Plan approvals. If anE&SC Plan is approved before April %,which permit applies? DEK8LR will provide sample language tn Projects with already approved E&SC Plans will automatically follow the | use in local E6kS[Plan approvals tn new NCGO1 permit, but will not need to fill out ane'NO|nr pay onannual | advise permittees that they must permit fee. However,the permittees should print the new permit and the submit anp'NO|toDEK4LR. two standard detail sheets and have them onsite. Will DEMLR offer tools*mhelp pernmitteem comply with the new N0G817 � Yes, DEK8LR will provide two sample plan sheets atdeq,R&�Uqy/NCG0Ithat can be placed into the E&S[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 e'NOQ submittal and COC process work? Permbtees will apply for E&6[Plan approvals from DEW1iRor the local ,^ � E&SC program like before.The E&9C approval letter will instruct the permittepto visit d�%.nc.uo*/��QQ�tn submit ane-N0 form toDEK4LR. Local programs are not required to The permittee may begin the construction activity after receipt of the COC check ifpe/mdtees have submitted e' NO| t DE��LR H if wish (vvithin three days*).The permittae must print and retain o copy nfthe x o � However, eyvvo permit and the COCun site. Initially,the COC will be issued for free but on todo this voluntarily,there will bea or around June 1,2U19, a 1OO annual general permit fee will becharged. / tool available onDEyWLR's web site for them to view a list ofconstruction Who is allowed tn submit mne'NOI form? projects that have submitted e-N0|o. Submittal must bebyo responsible corporate officer that owns n/ opemtesthe activity,such aoapresident secretary,treasure�orvice VVhe� |oca|progromsdoseoutanE��[ preoiden�oramana0erthatisautho �edinaccordantewith |V.8�6ofthe Plan, h N[G01perrnit. Additional signatory options are set forth in /V.Bfofthe permittees that they must submit ane' permit. |tis possible for consultant to prepare the e'N0,save itasadraft, NOT. DEK4LR will provide sample and email itto the responsible entity for signature&submittal. language, What happens to theQOC when the construction activity imcomplete? Local programs may approve E&6[ When a project is complete,the permittees will contact D[K8LRor the local plans that meet state sediment laws delegated program to close out the E&SC Plan.After DEK8LRor the local and rules even if those plans are not compliant with all of the N[GU1 E&'S[program inform the permi1teenf the project close out via inspection requirements. However,their report,the permittee will visit d�Lg_A,nc.qou/NC8O1to submit ane'NOT. permi11ees 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&S[Plans toensure federally mandated permit. Permi1tees will be informed nf the new that they fully comply with the ground process via web site, E&5[Plan approval letters and list sems. If stabilization, materials handling, and construction activity disturbs one acre or more (or ispart inspection,'record'keepingand uf development that disturbs one acre or more)fails to submit ane'NO| reporting portion nf the NCGOlpermit. after approval of its E&SC Plan,this isa violation of federal permitting * requirenoentsand the permittee could be subject toa penalty assessment. �r24b«s�«s«houo/hroo'm�ct approved tinder the DEMLRExpress | | review program.