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HomeMy WebLinkAboutNCC241410_ESC Approval Submitted_20240521 ROY COOPER �, Governor - ELIZABETH S.BISER Secretary cv ws°._= WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA Interim Director Environmental Quality January 2, 2024 LETTER OF APPROVAL WITH MODIFICATIONS Mecklenburg County Attention: Sushma Kumar, Project Manager 600 East Fourth Street Charlotte,North Carolina 28202 RE: Project Name: Discovery Place Nature Project ID: MECKL-2023-050 Acres Approved: 8.36 County: Mecklenburg City: Charlotte Location: Sterling Road River Basin: Catawba Stream Classification: Other Submitted By: Stimmel Date Received by LQS: December 17, 2023 Plan Type: Revised Dear Sushma Kumar: 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 $120 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: 1. The approved E&SC plan as well as any approved deviation. 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 Mecklenburg County January 2, 2024 Page 2 of 3 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: Stimmel Attention: Dan Blackman, PLA,ASLA 619 Cedar Street, Suite L 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 Mecklenburg County January 2, 2024 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Discovery Place Nature Project ID: MECKL-2023-050 County: Mecklenburg Reviewed by: Jerry W. Eplin, PE 1. 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 Permit NCG 010000 NPDES for Construction Activities It0 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 }J ! t the Neer Gt ,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-NOI 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? ss Yes, DEMLR will provide two sample plan sheets at deq.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 e-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 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 e-NOI form? projects that have submitted e-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 NCG01 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. 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 deq.nc.gov/NCG01 to submit an e-NOT. 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 approval letters and list servs. If a stabilization, materials handling, and construction activity disturbs one acre or more(or is part of common plan inspection, record keeping and of development that disturbs one acre or more)fails to submit an e-NO1 reporting portion of the NCG01 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. *Or24 business hours for a project approved under the DEMLR Express review program. Fact Sheet on the New NCG01 Permit �D E April ,rcy_ih\ • �� 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; 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 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 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. 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 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. . :�; a ' o C : r-I y a� : 04 tla i : 4 ._ 'GA : a et - N CI .*4 = d. ; 78 ^ 44 : "d 71 CZ cD ' Cl.) y o 0 =0 CD g „ I o : E' •" •'E a) ^ tA A '� +4 N N o 4 Liut © . ,� ° 6 ct 0 A M U i-1 to , : - f ) V 4 C ',V\ 4.4":V, gL; I ct CI at 4 p 4 Cg '1,4 L '� a 4t (14 4.4 a� a' aA ., Wmil~ aw°� . o o WI Z 6 H CI 6 P4 ro "E 4 •"" : � o a ct ct �, ""• ...*CD O "U Q"' y Ct CDO �+ o y C� ti a, E--4 ec C.) ct = C.) A 4