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HomeMy WebLinkAboutNCC242773_ESC Approval Submitted_20240909 • tF '; ROY COOPER • - 4 Governor • i :, ELIZABETH S.BISER Secretary DOUGLAS R.ANSEL NORTH CAROLINA Interim Director • Environmental Quality September 7, 2023 LETTER OF APPROVAL WITH MODIFICATIONS City of Gastonia Attention: Tucker Johnson, City Engineer PO Box 1748 Gastonia, North Carolina 28053 • RE: Project Name: Catawba Creek Greenway, SE Ext. Project ID: Gasto-2023-016 Acres Approved: 4 County: Gaston City: Gastonia Location: Robinwood Road River Basin: Catawba Stream Classification: Other Submitted By: Alfred Benesch& Company Date Received by LQS: August 23, 2023 Plan Type: Revised DearMr. Johnson: - 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•Lnvironmental Quality.I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center venue,Suite 301 I Mooresville,North Carolina 28115 - � '- 704-663-1699 Letter of Approval with Modifications City of Gastonia September 7, 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, Mena Awa , P Assistant R onal Engineer Land Quality Section MA Enclosure: Certificate of Approval Modifications Required for Approval NCG01 Fact Sheet c: Alfred Benesch & Company Attention: Eric Spalding, PE 2359 Perimeter Pointe Pkwy. suite 350 Charlotte,North Carolina 28208 North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources 40111111— :11) • Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115 W 704-663-1699 Letter of Approval with Modifications City of Gastonia September 7, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Catawba Creek Greenway, SE Ext Project ID: GASTO-2023-016 County: Gaston Reviewed by: Mena Awad,PE 1. The proposed project includes work that goes beyond the proposed easements line, for example:the access road at the west side of the Robinwood Road and another portion of the project at station 17+00 both areas are located outside the proposed easement.Where the landowners are different from the financially responsible party, copies of landowner-builder consent agreements, in which the landowner provides permission for the responsible party to apply for an erosion and sediment control plan approval and to perform construction on their property,or similar approved easements,must be obtained and submitted. G.S. 113A-54.1(a)] 2. The plans have a stamp "not for construction".Provide revised plans without this stamp. Additionally, for inspection purposes, all the plans should include a scale. 3. The Silt fence are beyond the Limit of disturbance (LOD) at the following stations: station 23+00,from station 26+00 to Station 27+00 and station 29+00. Provide an updated plans showing the silt fence inside the LOD. 4. Copies of the wetland determinations and Water Quality Certifications(401/404)for this project from the Army Corps and/or Water Quality Regional Operations Section, as well as any local approvals for activity within the buffers should be received and approved prior to construction. [15A NCAC 4B .0106, Clean Water Act, Sections 401 and 404]. 5. Ensure the NCG01 Ground Stabilization and Materials Handling and Self-Inspection,Recordkeeping and Reporting requirements are on your plans. The NCGO1 compliance plan sheets for these can be found at htt s://de .nc.vov/abou:t%divisions/enera _mineral-land-resources/ener -mineral-land rmits /stormwater.-permits/constru.ction-sw.Printing these sheets out and adding them to your plans is a requirement of the NCG01 permit,or their entire contents must be included in your plans with reference. for each requirement provided to this office, prior to construction. 6. 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] 7. This letter constitutes approval with modifications. For inspection purposes, two copies of revised plans reflecting these modifications must be delivered to this office by September 21,2023,or two weeks prior to the beginning of work,whichever date is earlier. [15A NCAC 4B .0107(c)] 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 40111101 , . a 'E . Mooresville Regional office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 s µ 704-663-I699 = : = Ptz ill.e" 4.. 44 44 ta tea cs, . � .^" � C v 6 I 7.41 = 'Z' #' 4°4°11 )45 C W M v U 4 4mi cu.., .= O C 14 C .� CA [\ C .� 'z in C •'~ •- O �C C ) "2 Ellii - te -:g-CART` 0 , Qi E 6, cn O 'F.,1 f '`s'' _ O i; i'l as O L� N kc,i(i. 44,,,,, ___,,-4 4,. _1 1 I 1+ pm+ 4=0 =0 I.• LT. 1.41 I i..0 t1:11 i o 04 c_ p "O I a It 14 - ci) L .Q O '� I �, O ~ ct v 0 U C U 0 ..� a, U 44 a4 c� V ::4 -4-' o = --, : c VI c..? e . . .� O N N co ,.". cis cu te : v .E V a O Po ;�" g 79. c/D 1., Ei C3 Vi L� c co U A Fact Sheet on the New NCG01 Permit 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 fiG01 permit through an electronic process. DEMLR worked with a broad team of stakeholders to make all&these updates. If you have questions, contact Annette Lucas at Annette.kts(a7ncdenr.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 NCG01 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 #;'t-:' _ '^r• • Has Yp on updated language b asses and p .,.. • 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 once per 7 calendar days and after permit. Federal rules require that DEMLR receive an NO[ 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 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 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.