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Home My WebLink AboutNCC241525_ESC Approval Submitted_20240520 JUL 0 52023 a ... ROY COOPER Governor ELIZABETH S.BISER Secretary -- DOUGLAS R.ANSEL NORTH CAROLINA Environmental Quality Interim Director June 28, 2023 LETTER OF APPROVAL WITH MODIFICATIONS The Creamery Concord, LLC Attention: John Harris Morrison, III,Manager 805 Trade Street,NW, Suite 102 Concord,North Carolina 28027 RE: Project Name: Peachtree Townhomes Project•ID: CABAR-2023-073 Acres Approved: 3.12 County: Cabarrus City: Concord Location: Peachtree Avenue River Basin: Yadkin-PeeDee Stream Classification: Other Submitted By: Anderson Burrage Consulting, Inc. Date Received by LQS: June 5, 2023 Plan Type: New Dear Mr. Morrison: 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 NCGO1 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 The Creamery Concord, LLC June 28, 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, Jerry W. Eplin, PE Assistant Regional Engineer Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCGO1 Fact Sheet c: Anderson Burrage Consulting, Inc. Attention: Richard E. Burrage, Jr., P.E. 454 Burrage Road,NE Concord,NC 28025 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 The Creamery Concord, LLC June 28, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Peachtree Townhomes Project ID: CABAR-2023-073 County: Cabarrus Reviewed by: Jerry W. Eplin,PE 1. A note was added to the Erosion and Sediment Control Plan stating"MAINTAIN DIVERSIONS THROUGHOUT GRADING PHASE UNTIL SITE IS STABLE. IF DIVERSION IS DISTURBED, BY CONSTRUCTION ACTIVITIES REPLACE AT THE END OF EACH DAY." For clarity,note that this comment applies to the entire diversion, not just the locations with the call out arrows. 2. All necessary easements, access agreements, and permissions must be obtained and be current prior to starting work. 3. If post construction stormwater permitting is required, the permit should be obtained prior to starting site disturbance. 4. 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 Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 vero 704-663-1699 CD = : , 41 •=1 :ig ago _ I Orvs z — p W = PC1 e 4 E — . aC E Ame U C C=, ; C4.111 GJ ta • .Ga C •2 M v et g1..., w 1.0 py °' ° � F" 'ao � o CD ...lit „,„ ;.., Li CI) 0 cr) Lo r4 , .4 = ic., en 1 -1 -4-) ct "mi C) PC 4.14, cu %... i e Lib �I rc it, � pie i0., et L O 4� v r.efs v� :-' 4 = a ° : ' l v a o a� • p IN I a"+ 4t ot rT •'~ 61 E O o C/ acn - •-• Cli at 04 : N N I .� •5 O C . •3 - O aA 4.0 GLe = ,w - 4) N et C-1 e C..) CI U A 4 Fact Sheet on the New NCG01 Permit Q�1 % 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 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 NCG01 permit • Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources Plans ar.d or..;anizes 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 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 NCGO1 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 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. This list is based on website guidance by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCGO1 The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100 2selected 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.