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HomeMy WebLinkAboutNCC217169_MODIFICATION Supporting Documents_20230630 ROY COOPER Governor f iC ELIZABETH S.BISER 1 t` Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality June 13, 2023 LETTER OF APPROVAL Dirt2Dreams,LLC ATTN: -Brian K Byrd,Manager PO Box 4692 Emerald Isle,NC 28594 RE: Project Name: The Hamptons on the White Oak Project ID: CARTE-2022-005 County: Carteret City:White Oak Address: West Fire Tower Road Acres Approved: 55.00+5.00=60.00 River Basin: White Oak Stream Classification: HQW Submitted By: Ginger Y. Turner,PE, The Cullipher Group, P.A Date Receive by LQS: May 18, 2023 Plan Type: Residential Dear Mr. Byrd: 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 attached if required. 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 413.0129. Should the plan not perform adequately,a revised plan will be required(G.S. I I 3A-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 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 FRF from submitted for this project you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deg.nc.gov/NCGOI- Please direct questions about the eN01 changes to the..Storm ter Program Staff in the Raleigh central office. If the owner/operator of the project changes in the future,the new responsible party 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: I. 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 12 months. North Carolina Department of Environmental Quality I Division of Energy;Mineral and Land Resources r c you w Wilmington Regional Office 127 Cardinal Drive Extension ( Wilmington,North Carolina 28405 m a m aux 910,796,7215 Letter of Approval Dirt2Dreams,LLC June 13,2023 Page 2 of 4 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 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, �� C-616,� Mike Cook Assistant Regional Engineer Land Quality Section Enclosures: Modifications Required for Approval NPDES NCGOI Fact Sheet cc: Ginger Y.Turner,PE,The Cullipher Group,P.A North Carolina Department of Environmental Quality ( Division of Energy,Mineral and Land Resources Wilmington Regional office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 z��WFW "I'll NORTH CliRcuNA t paxtmmtofEn:xonn �-G.My 910.796,7215 Letter of Approval Dirt2Dreams,LLC June 13,2023 Page 3 of 4 Approval Letter and Conditions Project Name: The Hamptons on the White Oak Project ID: CARTE-2022-005 County: Carteret 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. 2. 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). 3. 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 113A52(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 land 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 highlands would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 5. 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)). North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources — E 4 Wilmington Regional Office 1 127 Cardinal Drive Extension E Wilmington,North Carolina 28405 rxsa rcaru "�° 910.796.7215 Letter of Approval Dirt2Dreams,LLC June 13,2023 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 55.00+5.00=60.00 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 plan includes a very specific phasing schedule. If it proves impractical to follow the proposed phasing schedule, a revised plan will be required. 9. 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). 10. 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(113A-54.1(b)). 11. 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)). 12. As a condition of the NPDES General Stormwater Permit(NCGO 10000),the financially responsible parry shall comply with the NCGO 1 Ground Stabilization and Materials Handling requirements that became effective April 1, 2019. The NCGOI Ground Stabilization and Materials Handling standard detail can be printed from the deq.nc.gov/NCGO1 website. 13. As a condition of the NPDES General Stormwater Permit(NCGO10000),the financially responsible party shall comply with the NCGOI Self-Inspection, Recordkeeping and Reporting requirements that became effective April 1,2019. The NCGO1 Self-Inspection,Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGO1 website. 14. 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.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office I l27 Cardinal Drive Extension I Wilmington.North Carolina 28405 NCSR'1-f CA�QUNA �� 910196.7215 Fact Sheet on the New NCGo1 Permit ---� April 2019 owm�.m nen:oomuraiawrry, r/`� 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.l'ucas P ncdenr_gov or(919)707-3639. Organizational Updates Acronyms to Know The new permit: COC: Certificate of Coverage, proof of coverage under an NCG01 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 NCG01 permit • Is clearly organized by topic; and a-NOT: Notice of Termination,form for closing out the NCG01 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 Technical Updates The new permit: i • 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);' • 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 NCG01 Process "calendar days"for clarity and The new NCG01 applies to permits approved on or after April 1,2019. consistency(p. 11-14);Z • Changes the inspection frequency Permittees will no longer receive a copy of the NCG01 permit in the mail (during business hours)frequency at least with their E&SC Plan approvals and be considered as covered under the once per 7 calendar days and after permit. Federal rules require that DEMLR receive an NOI on each every storm>1.0 inch (previously 0.5 construction project and issue each construction project its own COC. inch);'and Under the new NCG01 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 deg.nc.gov(NCG01). The e-NO1 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 NCG01 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 ' 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. i Q&A About the New NCG®1 Permit Why do construction sites have to do this extra application step? How does the new NCG01 affect the DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs? site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review that combines the E&SC plan approval and e-NOI processes, but that will and approve E&SC plans. However, take more time. For now, DEMLR has created an efficient e-NOI process. they will no longer send copies of the NCG01 with E&SC Plan approvals. If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to new NCG01 permit, but will not need to fill out an e-NO1 or pay an annual advise permittees that they must permit fee. However,the permittees should print the new permit and the submit an e-NOI to DEMLR. two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCG01? K Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 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 Local programs are not required to permittee to visit deq.nc.gov/NCG01 to submit an e-NOI form to DEMLR. check if permittees have submitted e- The permittee may begin the construction activity after receipt of the COC NOIs to DEMLR. However, if they wish (within three days*).The permittee must print and retain a copy of the to do this voluntarily,there will be a permit and the COC on site. Initially,the COC will be issued for free but on tool available on DEMLR's web site for or around June 1, 2019, a$100 annual general permit fee will be charged. them to view a list of construction Who is allowed to submit an a-NOI form? projects that have submitted e-NOls. Submittal must be by a responsible corporate officer that owns or When local programs close out an E&SC operates the activity, such as a president,secretary,treasurer,or vice plan,the close-out letter will advise president or a manager that is authorized in accordance with IV.13.6 of the permittees that they must submit an e- NCG01 permit. Additional signatory options are set forth in IV.B.6 of the NOT. DEMLR will provide sample permit. it is possible for consultant to prepare the e-NO1, save it as a draft, language. and email it to the responsible entity for signature&submittal. Local programs may approve E&SC What happens to the COC when the construction activity is complete? plans that meet state sediment laws When a project is complete,the permittees will contact DEMLR or the local and rules even if those plans are not delegated program to close out the E&SC Plan.After DEMLR or the local compliant with all of the NCG01 E&SC program inform the permittee of the project close out via inspection requirements. However,their report,the permittee will visit deg.nc.govJNCG01 to submit an e-NOT. permittees will be required to add two plan sheets (which will be provided by Will there be a grace period for adherence to the new process? DEMLR)to their E&SC Plans to ensure DEMLR does not have the authority to grant a grace period from a that they fully comply with the ground federally mandated permit. Permittees will be informed of the new stabilization, materials handling, and process via web site, E&SC Plan approval letters and list servs. If a record-keeping and construction activity disturbs one acre or more(or is part of common plan reporting portion inspection, record-k-k the NCand permit. of development that disturbs one acre or more)fails to submit an e-NOI after approval of its E&SC Plan,this is a violation of federal permitting * Or24 business hours for a project requirements and the permittee could be subject to a penalty assessment. approved under the DEMLR Express review program.