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.