HomeMy WebLinkAboutNCC191782_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
River Bluffs Limited Partnership
Attn: John Eagan, Registered Agent
P.O. Box 25168
Winston-Salem, NC 27144
RE: Project Name: River Bluffs, Section X
Project ID: Crave-2020-006
County: Craven
Address: NCSR 1159
River Basin: Neuse
Date Received by LQS: August 30, 2019
Submitted by: Avolis Engineering, PA
Plan Type: New/Express
Dear Sir,
Acres Approved: 10.2
City: Township No. 7
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
413.0129.
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
NCGO 10000 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/NCGO1. Please direct questions about the NOI form to Annette Lucas at
Annette.lucas(a nedenr.gov or Paul Clark at Paul.clarkQnedenr.g_o_v. 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 NCGOI permit. However, a $100 fee will
soon be charged annually. This fee is to be sentto the DEMLR Stormwater Central Office staff
in Raleigh.
Title 15A NCAC 413 .0118(a) and the NCGO 1 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
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
r�" 252.946.6481
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. I I3A-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 213.0233) 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,
Samir Dumpor, PE
Regional Engineer
cc w/o enc: John Eagan, River Bluffs Limited Partnership (email)
Kevin Avolis, PE, Avolis Engineering, PA (email)
WaRO Division of Water Resources
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 SHEET
APPROVAL DATE:
RESPONSIBLE PARTY:
PROJECT NAME:
COUNTY:
OFF -SITE BORROW
AND/OR DISPOSAL SITE:
START-UP DATE:
CONTRACTOR:
ON -SITE CONTACT:
ON -SITE PHONE NO.:
OFFICE PHONE NO.:
September 4, 2019
River Bluffs Limited Partnership
River Bluffs, Section X
Craven
NO.: Crave-2020-006
R "I
COMPLETE & RETURN THIS FORM
PRIOR TO THE SIART OF CONSTRUC11ON TO:
N.C.D.E.Q.
LAND QUALITY SECTION
ATTN: James Edwards
943 WASHINGTON SQUARE MALL
WASHINGTON, NORTH CAROLINA 27689
james.edwards@ncdenr.gov
Fact Sheet on the New NCG01 Permit 4� �E
April 2019 Ql�
The INC 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. lucas@ncdenr.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);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
"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.
z The number of calendar days was
selected to be as equivalent as
possible with the previous permit.
3 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-NOI: 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
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The NCG01 Process
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 NOI 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 dep.nc.eov/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?
DEMLR is required by the EPA to issue a specific COC to every construction
site that disturbs one acre or more. DEMLR is working to create a form
that combines the E&SC plan approval and a-NOI processes, but that will
take more time. For now, DEMLR has created an efficient a-NOI process.
If an E&SC Plan is approved before April 1, which permit applies?
Projects with already approved E&SC Plans will automatically follow the
new NCG01 permit, but will not need to fill out an a-NOl or pay an annual
permit fee. However, the permittees should print the new permit and the
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 deg.nc.eov/NCG01 to submit an a-NOI form to DEMLR.
The permittee may begin the construction activity after receipt of the COC
(within three days*). The permittee must print and retain a copy of the
permit and the COC on site. Initially, the COC will be issued for free but on
or around June 1, 2019, a $100 annual general permit fee will be charged.
Who is allowed to submit an a-NOI form?
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president, secretary, treasurer, or vice
president or a manager that is authorized in accordance with IV.13.6 of the
NCG01 permit. Additional signatory options are set forth in IV.13.6 of the
permit. It is possible for consultant to prepare the a-NOI, save it as a draft,
and email it to the responsible entity for signature & submittal.
What happens to the COC when the construction activity is complete?
When a project is complete, the permittees will contact DEMLR or the local
delegated program to close out the E&SC Plan. After DEMLR or the local
E&SC program inform the permittee of the project close out via inspection
report, the permittee will visit deg.nc.eov/NCG01 to submit an a -NOT.
Will there be a grace period for adherence to the new process?
DEMLR does not have the authority to grant a grace period from a
federally mandated permit. Permittees will be informed of the new
process via web site, E&SC Plan approval letters and list servs. If a
construction activity disturbs one acre or more (or is part of common plan
of development that disturbs one acre or more) fails to submit an a-NOI
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.
How does the new NCG01 affect the
delegated local E&SC Programs?
Local programs will continue to review
and approve E&SC plans. However,
they will no longer send copies of the
NCG01 with E&SC Plan approvals.
DEMLR will provide sample language to
use in local E&SC Plan approvals to
advise permittees that they must
submit an a-NOI to DEMLR.
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Local programs are not required to
check if permittees have submitted e-
NOIs to DEMLR. However, if they wish
to do this voluntarily, there will be a
tool available on DEMLR's web site for
them to view a list of construction
projects that have submitted a-NOIs.
When local programs close out an E&SC
Plan, the close-out letter will advise
permittees that they must submit an e-
NOT. DEMLR will provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even if those plans are not
compliant with all of the NCG01
requirements. However, their
permittees will be required to add two
plan sheets (which will be provided by
DEMLR) to their E&SC Plans to ensure
that they fully comply with the ground
stabilization, materials handling, and
inspection, record -keeping and
reporting portion of the NCG01 permit.
* Or 24 business hours for a project
approved under the DEMLR Express
review program.