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HomeMy WebLinkAboutNCC191776_ESC Approval Submitted_20190910ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality September 4, 2019 LETTER OF APPROVAL WITH MODIFICATIONS Belle Oaks 11, LLC Attn: Stewart Smith, Member/Manager P.O. Box 15564 New Bern, NC 28561 RE: Project Name: Belle Oaks, Phase V Project ID: Crave-2020-007 County: Craven Address: Belle Oaks Drive River Basin: Neuse Date Received by LQS: August 30, 2019 Submitted by: Avolis Engineering, PA Plan Type: New/Express Dear Sir, Acres Approved: 14.5 City: New Bern 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 enclosed 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 (NOI) form requesting a Certificate of Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the above named project. The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form to Annette Lucas at Annette.lucasCa)ncdenr.gov or Paul Clark at Paul.clark@.ncdenr.gov. After you submit a complete and correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage under the NCGO1 permit. However, a $100 fee will soon be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh. Title 15A NCAC 413.0118(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 Erurgy, Mineral and land Resources Washington Regional Office 1 943 Washington Square Mall I Washington. North Carolina 27889 DLE � /'"� 252.946.6481 1. The approved E&SC plan as well as any approved deviation. 2. The NCGOI 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, 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 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. Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to the 50-foot wide zone directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries) in the Neuse River Basin. For more information about this riparian area rule, please contact the Division of Water Resources Wetland/401 Unit at 919-807-6300, or DWR in our regional office at 252-946- 6481. Sincerely, nn Samir Dumpor, PE Regional Engineer cc w/o enc: Stewart Smith, Belle Oaks II, LLC (email) Kevin Avolis, PE, Avolis Engineering, PA (email) WaRO Division of Water Resources 1. 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). 2. The developer is responsible for obtaining 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. 3. Adequate and appropriate measures must be properly installed downstream, within the limits of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on - site natural watercourse or adjoining property. (NCGS 113A-57) PROJECT INFORMATION SKEET APPROVAL DATE: September 4, 2019 RESPONSIBLE PARTY: Belle Oaks II, LLC PROJECT NAME: Belle Oaks, Phase V COUNTY: Craven NO.: Crave-2020-007 OFF -SITE BORROW AND/OR DISPOSAL SITE: NO.: START-UP DATE: CONTRACTOR: ON -SITE CONTACT: ON -SITE PHONE NO.: OFFICE PHONE NO.: COMPLETE & RETURN THIS FORM PRIOR TO THE START OF CONSTRUCTION TO: N.C.D.E.Q. LAND QUALITY SECTION ATTN: James Edwards 943 WASHINGTON SQUARE MALL WASHINGTON, NORTH CAROLINA 27889 james.edwards@)ncdenr.gov Fact Sheet on the New.AW 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 NCG01 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. lucasPncdenr.eov or (919) 707-3639. Organizational Updates The new permit: • Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; • Is clearly organized by topic; and • Has less text and more tables. 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);' • 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 "calendar days" for clarity and consistency (p. 11-14);2 • Changes the inspection frequency (during business hours) to at least once per 7 calendar days and after every storm > 1.0 inch (previously 0.5 inch);' and ■ Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p. 23). This list is based on website guidance by the DEMLR Sediment Program. The number of calendar days was selected to be as equivalent as possible with the previous permit. The intent is to provide predictability to the inspection schedule. Acronyms to Know COC: Certificate of Coverage, proof of coverage under an NCG01 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e-NOL Notice of Intent, application form for the NCG01 permit e-NOT: Notice of Termination, form for closing out the NCG01 permit SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01 A - AW 0111 The NCG01 Process ati li w—t7 The new NCG01 applies to permits approved on or after April 1, 2019. Permittees will no longer receive a copy of the NCG01 permit in the mail with their E&SC Plan approvals and be considered as covered under the permit. Federal rules require that DEMLR receive an N01 on each construction project and issue each construction project its own COC. Under the new NCG01 process, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated local E&SC program just like before. After receiving E&SC Plan approval, permittees will officially obtain coverage under the NCG01 by completing an a-NOI (available at dea.nc.gov/NCG01). The a-NOI will only take about 20 minutes to fill out and submit on-line. Initially, there will be no charge associated with applying for an NCG01 permit but on or around June 1, 2019, DEMLR will begin charging a $100 annual general permit fee as required per §143-215.3D. DEMLR is working on creating a single application form that will allow an applicant to simultaneously apply for an E&SC permit and an NCG01 COC. That effort is part of a larger Permit Transformation project at DEMLR. Q&A About the New NCG01 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 a-NOI processes, but that will and approve E&SC plans. However, take more time. For now, DEMLR has created an efficient a-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 a-NOI or pay an annual advise permittees that they must permit fee. However, the permittees should print the new permit and the submit an a-NOI to DEMLR. two standard detail sheets and have them on site. — Will DEMLR offer tools to help permittees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at deg.nc.eov/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 a-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.Rov/NCG01 to submit an a-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-NOI form? projects that have submitted a-NOls. Submittal must be by a responsible corporate officer that owns or When local programs close out an E&SC operates the activity, such as a president, secretary, treasurer, or vice Plan, the close-out letter will advise president or a manager that is authorized in accordance with IV.B.6 of the 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 a-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 ans ar 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 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 a -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 a-NOI reporting portion of the NCG01 permit. after approval of its E&SC Plan, this is a violation of federal permitting * Or 24 business hours for a project requirements and the permittee could be subject to a penalty assessment. approved under the DEMLR Express review program.