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HomeMy WebLinkAboutNCC202816_ESC Approval Submitted_20200818SVJLI ROY COOPER Govemor MICHAEL S. REGAN' Secretary S. DANIEL SMITH NORTH CAROLINA Dbector Environmental Quality July 3 I, 2019 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS MCB- Camp Lejeune ATTN: David W. Towler, PE, Public Works Department 1005 Michael Road Camp Lejeune, NC 28542 RE: Project Name: Ambulatory Care Center/Dental Clinic Replacem n ' — CAS New River - EXPRESS Acres Approved: 13.85 Project ID: ONSLO-2020-007 County: Onslow City: Camp Lejeune Address: Canal Street River Basin: White Oak Stream Classification: Other Submitted By: John Drake, PE, WSP USA Date Received by LQS: July 30, 2019 Plan Type: Other Dear Mr. Towler, This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Modifications and Performance Reservations. A list of the modifications and reservations is attached. 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, Should the plan not perform adequately, a revised plan will be required (G.S. t 13A- 54.1)(b). 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 NCG010000 Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the commencement of any land disturbing activity on the above -named project. The NOI form may be accessed at deq.nc._rov/NCG0I. Please direct questions about the NOI form to Annette Lucas at Annette.lucas a ncdenr.'_,ov or Paul Clark at Paul.clark cintcdenr.izov. 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 NCG01 permit. However, a $100 fee will soon be charged annually. This fee is to be sent to the DEMI,R Stormwater Central Office staff in Raleigh. DE ��� rt V North Carolina Department of Environmental Quality i Division of Energy. N lnerat and Land Resnurces _ Wilmington Regional Office 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 r�"��' �+410.746.7215 Letter of Approval with Modifications and Performance Reservatios MC$- Camp Lejeune July 31, 2019 Page 2 of 4 Title 15A NCAC 413 .01 18(a) and the NCG01 permit require that the following documentation be kept on file at thejob site: 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 12 months. Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program 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. This permit allows for a land -disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. 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, Rhonda Hull Assistant Regional Engineer Land Quality Section Enclosures: Modifications and Performance Reservations NPDES NCG01 Fact Sheet cc: John Drake, PE, WSP USA Suite 300, 277 Bendix Road, Virginia Beach, VA 23452 Wilmington Regional Office file Letter of Approval with Modifications and Performance Reservatios MCB- Camp Lejeune July 31, 2014 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Ambulatory Care Center/Dental Clinic Replacement P-4838 MCAS New River Project ID: ONSLO-2020-007 County: Onslow I. 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 .0124. 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 i 13A-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 113A-52(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 highland would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. j. 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. I (b)). Letter of Approval with Modifications and Performance Reservatios MCB- Camp Lejeune July 31, 2019 Page 4 of 4 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 13.85 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.I(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, 6r06). 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 need-, during the interim period until the traps and basins are fully functioning ( 113A 54. I (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. l (b)). It. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party shall comply with the NCG01 Ground Stabilization And Materials Handling requirements that became effective April I. 2019. The NCG01 Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCG0I website. 12. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party shall comply with the NCG01 Self -Inspection, Recordkeeping and Reporting requirements that became effective April I. 2019. The NCG01 Set f=Inspection. Recordkeeping and Reporting standard detail can be printed from the deq.ne.gov/NCGO I 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-5,1.1(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 Fact Sheet on the New NCGO1 Permit April 2019 Z�DEQ�;p The 0CConstruction General Permit (also known am"NC80l") was renewed onApril 8°2U19.The updated permit does not significantly change the measures that are required *zbeimplemented onconstruction 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. DEK4LRworked with abroad team v(stakeholders tomake all o[these updates. |fyou have questions, contact Annette Lucas at or(8l9)7D7-]639. Organizational Updates The new permit. Repeats state requirements for E&SC Plans and organizes them with federal construction activity requirements; |sclearly organized bytopic; and Has less text and more tables, Technical Updates The new permit: ° Requires that the [&SCPlan meet SVVPPP nequ/rements(p. 2); ° Provides a list of items that must be included inthe SVVPPP'such asthe construction sequence, plans, calculations, etc. (p. 2'4);` ° Has updated language cmbypasses and upsets that i»tailored toconstruction activities (p. 10); ° Puts all hmeframvsfor inspections, reoord'keepingaod reporting in ^ calendar days" for clarity and consistency (p. 11'14);' ° Changes the inspection frequency (during business hours) toa\least once per 7calendar days and after every storm >l.Oinch (previously O.S inch);' and ° Excludes weekends, state and federal holidays from normal business hours unless construction activities take This list isbased oomebsheguidance bythe DEK4LOSediment Program. The number ofcalendar days was selected tuheasequivalent ao possible with the previous permit. The intent istoprovide predictability \nthe inspection schedule. COC:Certificate o[Coverage, proof ofcoverage under anNCGQ1permit UEK4LK: N[Division ufEnergy, Mineral, and Land Resources E&SC: Erosion & Sedimentation Control e~00L Notice ofIntent, application form for the NCGUlpermit e'N0T: Notice ofTerminahon.form for closing out the NCGOlpermit The NCG01 Process The new NCGO2applies topermits approved mnorafter April 1^2O19. � PenniUeeswill nolonger receive acopy ofthe NOSU1permit hnthe mail � with their EQS[Plan approvals and beconsidered ascovered under the / penn}c Federal mheo require that DEW1LR receive an N0| on each construction project and issue each construction project its own CO[. � Under the new NCG0lprocess, construction sites will continue to receive approval for E@B[Plans from either DE&nLRorthe delegated local F&S[program just like before, After receiving E&5CPlan approval, pe/m)tteeswill officially obtain coverage under the NCGD1by completing an e'N0| (available at ). The u'NO|will only take about 20 minutes to fill out and submit on-line. initially, there will be no charge associated with applying for an NCGDI permit but unuraround )unel.Z0l9'DEmLKwill begin charging aS1O0 annual general permit fee asrequired per §I43-Z1l3D. D[MLRbworking nncreating asingle application form that will allow an applicant tosimultaneously apply for ooE&SCpermit and anN[G0l [O[.That effort ispart ofalarger Permit Transformation project ai DEK4LR. Q&A About the New NCGO1 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-NO1 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 NOI 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 decj.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.gov/NCGO1 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.B 6 of the NCG01 permit Additional signatory options are set forth in IV.B 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 , lose out via inspection report, the permittee will visit dea.nc.eov/NCGO1 to ,,ubmit an e 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 morel fails to submit an a-NOl after approval of Its E&SC Plan. this is a violation of federal permitting requirements and the permittee r ould 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 NCGO1 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. Local programs are not required to check if permittees have submitted e- NOls 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 lose out letter will advise permittees that they must submit an e NOT DEMI R will provide sample language. I ocal programs may approve E&SC plans that meet state sediment law,, and rules even if those plans aie not compliant with all of the NCGO1 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 proyi am