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HomeMy WebLinkAboutNCC233209_ESC Approval Submitted_20231102 FYI � ROY COOPER Governor 4111 44 .: ELIZABETH S.BISER Secretary s wan, WILLIAM E.TOBY VINSON,JR. NORTH CAROL.91al Interim Director + ty October 5, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Town of Matthews,NC Attention: Robert Kinniburgh, Fire Chief 323 Matthews Station Street Matthews,North Carolina 28105 RE: Project Name: Matthews Firehouse#3 Project ID: MECKL-2024-014 Acres Approved: 4.0 County: Mecklenburg City: Matthews Location: Matthews/Mint Hill Road(Highway 51) River Basin: Catawba Stream Classification: Other Submitted By: Alfred Benesch& Co. Date Received by LQS: September 12, 2023 Plan Type: New Dear Chief Kinniburgh: 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 fouu 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 Storiuwater 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 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 Town of Matthews,NC October 5, 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 finial 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, Kathryn S. Peterson Assistant Regional Engineer I Land Quality Section KSP Enclosure: Certificate of Approval Modifications Required for Approval NCGO1 Fact Sheet c: Alfred Benesch & Co. Attention: Scott Wilson, RLA 2359 Perimeter Pointe Parkway, Suite 350 Charlotte, NC 28208 loNorth Carolina Department of Environmental Quality[Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 301[Mooresville,North Carolina 28115 "'° ' 704-663-1699 Letter of Approval with Modifications Town of Matthews, NC October 5, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Matthews Firehouse #3 Project ID: MECKL-2024-014 County: Mecklenburg Reviewed by: Kathryn S. Peterson 1. Maintain positive drainage to sediment basin#2 in diversion ditches 2 and 3. 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] Ref: G.S. 113A-54.1 through G.S. 113A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Peiiuit NCG 010000 NPDES for Construction Activities North Carolina Department of Environmental Quality 1 Division of Energy,Mineral,and Land Resources Mooresville Regional Office j 610 East Center Avenue,Suite 301 1 Mooresville,North Carolina 28115 704-663-1699 to rn = g 71- 0 Silbovo :. a) a) 1 .PO ® p 04 .®C : *:' M a� V.;4 " z••• c , k. la: a aii 4., ea0.4 , itz ..,..E cin .5, � � °O I - . 4 r-a le t\ = 0 - O erth• In ® •® I ct • .111.1 «,� �4 AEI f..tt i 'i - €; �i Ew �y 2 3 „4 CAS V r C ,„ ,,,,,,4,4*, : 11*/:ir 1 : ;c1;:l tt ',LI, ho 0 4. 4. ., a> a.) C4 Ct 64 v CC O g .,„ 14 %...0 44 te ;••1 4.) ••°•'5 C4 44 Wo et .4w5, a ,..z : c''' = h" s-... C� CU °S Ct5 CD v) Ce: ,, c, y CD �, ® e, ct ® �° O EMI Ct U U A 4 Fact Sheet on the New NCGO1 Permit April 2019 D E Q) The NC Construction General Permit(also known as"NCGO1")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.lucasCcncdenr.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; e-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 NCGO1 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 NCGO1 Process "calendar days"for clarity and The new NCGO1 applies to permits approved on or after April 1,2019. consistency(p. 11-14);2 • Changes the inspection frequency Permittees will no longer receive a copy of the NCGO1 permit in the mail (during business hours)to 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 NOl on each everystorm > 1.0 inch construction project and issue each construction project its own COC. (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 NCGO1 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 Initially, there will be no charge associated with applying for an NCGO1 by the DEMLR Sediment Program. permit but on or around June 1, 2019, DEMLR will begin charging a $100 2 The number of calendar days was 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 NCGO1 to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCGOI Permit Why do construction sites have to do this extra application step? How does the new NCGO1 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 NCGO1 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 NCGO1 permit, but will not need to fill out an a-NOl 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. Wilt DEMLR offer tools to help permittees comply with the new NCGO1? Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCGO1 that ": i 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-NOl 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 deq.nc.gov/NCG01 to submit an e-NOI form to DEMLR. Local programs are not required to The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e (within three days*).The permittee must print and retain a copy of the NOls to DEMLR.However, if they wish permit and the COC on site. Initially,the COC will be issued for free but on to do this voluntarily,there will be a or around June 1, 2019,a$100 annual general permit fee will be charged. tool available on DEMLR's web site for them to view a list of construction Who is allowed to submit an a-NOl form? projects that have submitted a-NOls. Submittal must be by a responsible corporate officer that owns or operates the activity,such as a president,secretary,treasurer,or vice When local programs close out an E&SC president or a manager that is authorized in accordance with IV.B.6 of the Plan,the close-out letter will advise NCGO1 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e permit. It is possible for consultant to prepare the e-NOI,save it as a draft, NOT. DEMLR will provide sample and email it to the responsible entity for signature&submittal. language. What happens to the COC when the construction activity is complete? Local programs may approve E&SC When a project is complete,the permittees will contact DEMLR or the local plans that meet state sediment laws delegated program to close out the E&SC Plan.After DEMLR or the local and rules even if those plans are not E&SC program inform the permittee of the project close out via inspection compliant with all of the NCGO1 report,the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT. requirements. However,their permittees 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&SC Plans to ensure federally mandated permit. Permittees will be informed of the new that they fully comply with the ground process via web site, E&SC Plan approvalstabilization, materials handling, and letters and list sews. If a inspection,record-keeping and 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-NOI reporting portion of the NCGO1 permit. 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. *Or 24 business hours for a project approved under the DEMLR Express review program.