HomeMy WebLinkAboutNCC231765_ESC Approval Submitted_20230608 ,�STATE
ROY COOPER �
Governor `
,„: d
ELIZABETH S. BISERa, r
Secretary "«
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
May 19, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
City of Charlotte
Attention: Steven Tosco, Project Manager
600 East 4th Street
Charlotte, North Carolina 28202
RE: Project Name: XCLT—Craighead to Tryon
Project ID: MECKL-2023-038
Acres Approved: 3.35
County: Mecklenburg
City: Charlotte
Location:Raleigh Street
River Basin: Catawba
Stream Classification: Other
Submitted By: Land Design
Date Received by LQS: May 05, 2023
Plan Type: Revised
Dear Mr. Tosco:
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:
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
City of Charlotte
May 19, 2023
Page 2 of 3
1. The approved E&SC plan as well as any approved deviation.
2. The NCG01 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,
Jerry W. Eplin, PE
Assistant Regional Engineer
Land Quality Section
JWE
Enclosure: Certificate of Approval
Modifications Required for Approval
NCG01 Fact Sheet
c: Land Design
Attention: Frank McMahan, PE
223 North Graham Street
Charlotte, North Carolina 28202
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
City of Charlotte
May 19, 2023
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: XCLT—Craighead to Tryon
Project ID: MECKL-2023-038
County: Mecklenburg
Reviewed by: Jerry W. Eplin, PE
1. NC DEQ understands that several easements and access agreements are required for this project. All
necessary easements and access agreements necessary for this project must be obtained and be current
prior to starting work. Provide documentation to this office that all necessary easements for the
project have,been obtained prior to starting work.
2. Project includes modifications.to an existing stormwater BMP. Provide documentation to this
office of permission for these modifications from the local permitting authority prior to starting
work.
3. Utilize inlet protection for all storm drains with inlets within the LOD.
4. Note that the calculation package submitted with this Erosion and Sediment Control Plan (E&SC
Plan) includes information about a stream crossing. NC DEQ understands that the stream crossing
has been removed from this project at this time. Note that no stream crossing is approved as part of
this E&SC Plan approval.
5. 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 I Division of Energy,Mineral,and Land Resources
111
Mooresville Regional Office 610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699
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Fact Sheet on the New NCG01 Permit DEQe;,
April 2019 cw.nmFmq cnawm.nw amPo
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 NCGO1 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 Acronyms to Know
The new permit: COC: Certificate of Coverage, proof of coverage under an NCGO1 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 NCGO1 permit
• Is clearly organized by topic; and e-NOT: Notice of Termination,form for closing out the NCGO1 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
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 N0001 Process
"calendar days"for clarity and The new NCGO1 applies to permits approved on or after April 1,2019.
consistency(p. 11 14);z Permittees will no longer receive a copy of the NCGO1 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);3 and Under the new NCGO1 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.
1 This list is based on website guidance
by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCGO1
2 The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100
selected to be as equivalent as annual general permit fee as required per§143-215.3D.
possible with the previous permit. DEMLR is working on creating a single application form that will allow an
3 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.