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HomeMy WebLinkAboutNCC215595_ESC Approval Submitted_20211011ROY COOPER Governor JOHN NICHOLSON Interim Secretary BRIAN WRENN Director June 30, 2021 LETTER OF APPROVAL Charlotte Water Attention: Joseph C. Wilson 5100 Brookshire Boulevard Charlotte, North Carolina 28216 RE: Project Name: Dairy Branch Tributary — Sedgefield Segment Acres Approved: 6.0 Project ID: MECKL-2021-075 County: Mecklenburg City: Charlotte Address: Cumberland Avenue River Basin: Catawba Stream Classification: Other Submitted By: Charlotte Water Date Received by LQS: June 10, 2021 Plan Type: New Dear Mr. Wilson: 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 March 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/NCGOI I. Please direct questions about the NOI form to Annette Lucas at Annette. ucas@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, on or after May 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office in Raleigh. North Carolina Department of Environmental Quality ; Division of Energy, Mineral and Land Resources Mooresville Regional Office 1 610 East Center Avenue, Suite 301 1 Mooresville, North Carolina 28115 704-663-1699 Letter of Approval Charlotte Water June 30, 2021 Page 2 of 2 Title 15A NCAC 4B .0118(a) and the NCGO 1 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 30 days. Also, this letter gives the notice required by G.S. I I3A-61.1(a) of our right of periodic inspection to insure 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. Your cooperation is appreciated. Sincerely, �es Moore Assistant Regional Engineer Land Quality Section Enclosures: Certificate of Approval NCGOI Fact Sheet em: ronald.weathers@stvine.com cc:Inspection Department Fact Sheet on the New NCGO1 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.lucas@ncdenr.gov 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),' • 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. ' 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 The NCG01 Process 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 e-NOI (available at deq.nc.gov/NCG01). The e-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 NewNCGO1 Permit Why do construction sites have 1mduthis extra application step? DEMLR is required by the EPA to issue a specific COCtn every construction she that disturbs one acre or more. DEMLR is working to create a form that combines the E&SCp|an approval and e-N0 processes, but that will Lake more time, For now, DEk4LR has created an efficient e-NO| process. |fanE&SCPlan isapproved before April JLwhich permit applies? Projects with already approved E&S[Plans will automatically follow the new NCGO1permit, but will not need tofill out ane'NO|orpay anannual permit fee. However, the permittees should print the new permit and the two standard detail sheets and have them onsite. ��H�E��Q0m�erh�o|s��he!pp�mm�te�a�mrnphr��hthenew N0GQ�� Yes, DEW1LRwill provide two sample plan sheets at that can beplaced into the E&SCplan set, The first covers the site stabilization and materials handling portions ofthe permit. The second sheet covers the inspection, record -keeping and reporting portions ofthe permit. How will the new e-WOiuuhmitta\and COC process work? Pennitteeswill apply for E&SCPlan approvals from DEMLRorthe local E&3Cprogram like before. The E&SCapproval letter will instruct the permhteetovisit tosubmit ane-N0|form toDEMLR. The pemoitteemay begin the construction activity after receipt ofthe CDC (within three days*).The permh1eemust print and retain acopy ofthe permit and the [O[onsite, Initially, the COCwill beissued for free but on oraround June l,2OI9,a$1OOannual general permit fee will becharged. Who ballowed tosubmit ame-NO|form? Submittal must be by a responsible corporate officer that owns or operates the activity, such asapresident, secretary, treasurer, orvice president oramanager that bauthorized inaccordance with |V.B.8ofthe NCG01 permit. Additional signatory options are set forth in |V.B.6ofthe permit. it is possible for consultant tu prepare the e'NO|, save it as a draft, and email btothe responsible entity for signature & submittal. What happens tmthe COCwhen the construction activity iacomplete? When a project is complete, the permittees will contact DEMLR or the local delegated program toclose out the E&5CPlan. After DEMLRorthe local E&SCprogram inform the permitteeofthe project close out via inspection report, the permhteewill visit tosubmit ane'NOT Will there beagrace period for adherence tothe new process? DEK8LRdoes not have the authority togrant mgrace period from a federally mandated permit PermitteeswU| be informed of the new process via web site, E&SC Plan approval letters and list sems. If construction activity disturbs one acre ormore (or ispart ofcommon plan of development that disturbs one acre or more) fails to submit an e'N0 after approval of its E&S[ Plan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty assessment. How does the new NCGO1affect the delegated local E&SCPrograms? Local programs will continue to review and approve E&SCplans. However, they will nolonger send copies ofthe N[60Iwith E&SCPlan approvals. DEK4LRwill provide sample language to use in local E&S[Plan approvals to advise permdteesthat they must submit ane-N0|toDEMLR. Local programs are not required to check ifpennitteeshave submitted e- NO|stoDEMLR.However, if they wish todothis voluntarily, there will bea tool available on DEK4LR'sweb site for them to view a list of construction projects that have submitted e'N0|s. When local programs close out anE&5[ Plan, the close-out letter will advise permdteesthat they must submit ane- NOT. DEIVILR will provide sample language. Local programs may approve E&3[ plans that meet state sediment laws and rules even ifthose plans are not compliant with all ofthe NCGO1 requirements. However, their pe/mitteeswill berequired toadd two plan sheets (which will beprovided by DEMLR)totheir E&3CPlans toensure that they fully comply with the ground stabilization, materials handling, and inspection, record -keeping and reporting portion ofthe NCG0Ipermit. *Or24business hours for oproject approved under the DEMLR Express review program.