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HomeMy WebLinkAboutNCC242685_ESC Approval Submitted_20240919 From: Jody Bland Sent: Wednesday,July 31, 2024 11:57 AM To: Amy Norris Subject: FW: NC DEMLR- FROF Application Approval CRM:0102177 Attachments: Application Report-Wednesday,July 31, 2024 1148 AM.pdf; Certificate 20240731.pdf Follow Up Flag: Follow up Flag Status: Flagged From: Cook, Mike B <mike.cook@deq.nc.gov> Date: Wednesday, July 31, 2024 at 11:55 AM To: Dosher Memorial Hospital <lyndstanley@dosher.org> Cc: Jody Bland <jblandntengineers.com> Subject: NC DEMLR - FROF Application Approval CRM:0102177 North Carolina Department of Environmental Quality Division of Energy, Mineral & Land Resources Land Quality Section Roy Cooper Governor Elizabeth S. Biser Secretory William Vinson Jr. (Acting) Director 07-31-2024 LETTER OF APPROVAL Dosher Memorial Hospital 924 N. Howe Street Southport, NC 28461 RE: Project Name: Dosher Memorial Hospital Main Campus ED Addition Acres Approved: 1.03 Application ID: PA-005917 Permit Number: BRUNS-2025-0193 Address: 924 N Howe St City: Southport County: Brunswick file:///G/...20from%20DEQ%20to%20NT%20-%20Below%20&%20Att%20Approval%20EC%20Dosher%20ED%20Addition%2023110.htm[8/6/2024 4:57:06 PM] River Basin: Cape Fear Stream Classification: SW: Swamp Waters; SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt Water Plan Type: New Plan Dear Dosher Memorial Hospital, This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval. The Certificate of Approval must be posted at the job site. 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 Stormwater 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 eNOl 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. 2. The NCGO1 permit and the COC, once it is received. 3. Records of inspections made during the previous 12 months. 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,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 insure 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/Ownership 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. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, * ,.-7 Mike Cook Assistant Regional Engineer Division of Energy, Mineral and Land Resources Land Quality Section Phone: (910) 796-7315 Email: rm_ike.cookPdeq.nc.gov 127 Cardinal Drive Extension Wilmington, NC 28405 file:///G/...20from%20DEQ%20to%20NT%20-%20Below%20&%20Att%20Approval%20EC%20Dosher%20ED%20Addition%2023110.htm[8/6/2024 4:57:06 PM] Approval Letter and Conditions Project Name: Dosher Memorial Hospital Main Campus ED Addition Project ID: BRUNS-2025-0193 County: Brunswick 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-54.1(b)). 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 1.03 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 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). file:///G/...20from%20DEQ%20to%20NT%20-%20Below%20&%20Att%20Approval%20EC%20Dosher%20ED%20Addition%2023110.htm[8/6/2024 4:57:06 PM] 9. 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)). 10. 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-54.1(b)). 11. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGO1 Ground Stabilization and Materials Handling requirements that became effective April 1, 2019. The NCGO1 Ground Stabilization and Materials Handling standard detail can be printed from the deq.nc.gov/NCGO1 website. 12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall comply with the NCGO1 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. 13. 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 Division of Energy, Mineral & Land Resources Land Quality Section North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington NC, 28405 910-796-7215 Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. file:///G/...20from%20DEQ%20to%20NT%20-%20Below%20&%20Att%20Approval%20EC%20Dosher%20ED%20Addition%2023110.htm[8/6/2024 4:57:06 PM] FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land-disturbing activity on one or more acres as covered by the Act, including any activity under a common plan of development of this size as covered by the NCGO1 permit, before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone number is unavailable, place N/A in the blank.) Part A. 1. Project Name: Dosher Memorial Hospital Main Campus ED Addition *If this project involves American Rescue Plan Act(ARPA)funds, list the Project Name below under which you applied for funding through the Division of Water Infrastructure (DWI). Is Project ARPA Funded ARPA Project Name ARPA Project# No 2. Location of land-disturbing activity: County: Brunswick City or Township: Southport Highway/Street: 924 N Howe St Latitude: 33.929000 Longitude:-78.021000 3. Approximate date land-disturbing activity will commence: 8/1/2024 4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial 5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 1.03 6. The application fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: 8.10-acre application fee is $900). 7. Has an erosion and sediment control plan been filed? Yes-Will be Mailed or Hand-Delivered 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name: John Tunstall E-mail Address:junstall@ntengineers.com Phone: 910-343-9653 Mobile: 910471-6757 9. Landowner(s)of Record: Landowner(s) of Record Name Email Business Phone Mobile Phone Dosher Memorial Hospital lyndstanley@dosher.org 910-457-3800 910-619-8554 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 924 N. Howe Southport NC 28461 924 N. Howe Southport NC 28461 Street Street Part B. 1. Company(ies) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on accompanied page.)If the company is a sole proprietorship or if the landowner(s)is an individual(s), the name(s) of the owner(s)may be listed as the financially responsible party(ies). Primary Financially Responsible Party Company Name Email Business Phone Mobile Phone Dosher Memorial Hospital lyndstanley@dosher.org 910-457-3800 910-619-8554 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 924 N. Howe Southport NC 28461 924 N. Howe Southport NC 28461 Street Street Additional Financially Responsible Parties Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land disturbing activity. 2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State business registry, give name and street address of the Registered Agent: Registered Agent Information Name Email Business Phone Mobile Phone Dosher Memorial Hospital lyndstanley@dosher.org 910-457-3800 910-619-8554 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 924 N. Howe Southport NC 28461 924 N. Howe Southport NC 28461 Street Street (b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina agent who is registered on the NC Secretary of State business registry: North Carolina Agent Information Name Email Business Phone Mobile Phone Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip Engineering/Consulting Firm Information Name Email Business Phone Mobile Phone Norris &Tunstall Consulting Engineers, jtunstall@ntengineers.com 910-343-9653 P.C. Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 2602 Iron Gate Wilmington NC 28412 2602 Iron Gate Wilmington NC 28412 Dr. Dr. Additional Details 1. Stream Classification: SW: Swamp Waters; SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt Water 2. Was Express Review Requested: No The above information is true and correct to the best of my knowledge and belief and was provided by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s) or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Party). I agree to provide corrected information should there be any change in the information provided herein. CERTIFICATE OF PLAN APPROVAL STATE; fr -1)lit--:z �A : of $. QUAM:: = The posting of this certificate certifies that an erosion and sedimentation control plan has been approved for this project by the North Carolina Department of Environmental Quality in accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted at the primary entrance of the job site before construction begins and until establishment of permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter 4B.0127 (b). Dosher Memorial Hospital Main Campus ED Addition 924 N Howe St Southport, NC 28461 7/31/2024 BRUNS-2025-0193 Date of Plan Approval DEQ Project Identifier Certificate of Coverage Number: MT MURCHISON,TAYLOR&GIBSON PLLC r G ATTORNEYS AT LAW 1979 Eastwood Rd.,Suite 101 Michael Murchison Wilmington,NC 28403 mmurchison@murchisontaylor.com Telephone(910)763-2426 910-218-7220(Direct) Facsimile(910)763-6561 August 21, 2024 Will J. Grant Interim CFO Dosher Memorial Hospital 924 N. Howe Street Southport,NC 28461 Dear Will: I am writing in response to the inquiry from Norris &Tunstall regarding the State Erosion Control Permit and the purported requirement that Dosher Hospital be registered with the N.C. Secretary of State. The short answer to this question is that, unlike most hospitals in this State, Dosher Hospital is not a business corporation or other private entity which is required to file organizational documents and make periodic annual filings with the N.0 Secretary of State. Instead, Dosher Hospital is a governmental, township hospital which was formed under Article 2, Chapter 131 of the North Carolina General Statutes. It has an elected Board and, like other governmental entities, such as cities and counties, it is required to comply with most of the laws and regulations applicable to governmental bodies, such as the open meetings law,public records law, etc. The requirements for filing with the Secretary of State apply to profit and non-profit business corporations. Since Dosher Hospital is not one of these but is instead a unique governmental entity, those registration requirements are inapplicable. If more information is needed,please let me know. Best regards, MURCHISON, T YLOR& GIBSON PLLC Michael Murchison 391778