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HomeMy WebLinkAboutNCC230965_ESC Approval Submitted_20230405 --T ,, crS ROY COOPER . Governor ELIZABETH S.BISER `. �., . Secretory , '?., DOUGLAS R.ANSEL NORTH CAROLINA RECEivEO mg 0. ���� interim Director Environmental Quality February 23, 2023 LETTER OF APPROVAL City of Jacksonvi ��i�7�L3 ATTN: Ron F. Massey, Deputy City Manager PO Box Jacksdnville,NC 28540 RE: Project Name: Jacksonville Business Park Acres Approved: 21.6 Project ID: ONSLO-2023-043 County: Onslow City: Jacksonville Address: New Frontier Way River Basin: White Oak Stream Classification: Other Submitted By: Anthony G. Moctezuma, E.I.,Tidewater Associates, Inc. Date Received by LQS: January 27,2023, February 13,2023 and February 22,2023 Plan Type: Industrial Dear Mr. Massey: 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. 113A-54.1)(b). As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG0I0000 Construction General Permit. After the form is reviewed and found to be complete,you will receive a link with payment instructions for the$100 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future,the new responsible party must obtain a new COC. 4North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405 = '40,, ee-, 910,796.7215 Letter of Approval City of Jacksonville February 23,2023 Page 2 of 5 Title 15A NCAC,4B..01.1,8(a)And the NCGO 1 permit require that the following documentation be kept on file t t< < at the'job 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, 7VdI Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Approval Comments and Conditions NPDES NCGO I Fact Sheet cc: Anthony G. Moctezuma, E.I.,Tidewater Associates, Inc. PO Box 976, Jacksonville,NC 28541-0976 Wilmington Regional Office file Letter of Approval City of Jacksonville February 23,2023 Page 3 of 5 APPROVAL COMMENTS AND CONDITIONS Project Name: Jacksonville Business Park Project ID: ONSLO-2023-043 County: Onslow 1. 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. 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 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). 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. 5. 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-54.1(h)). Letter of Approval City of Jacksonville February 23,2023 Page 4 of 5 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 21.6 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 1 13A-54.l(b)). 8. This phase of the project is approved for the preparation of the site for future development. Any addition in impervious surface, over that already noted on the approved plan, would require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. 9. 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. 6/06). 10. 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 needs during the interim period until the traps and basins are fully functioning(113A-54.1(b)). 11. 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)). 12. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall comply with the NCGO1 Ground Stabilization And Materials Handling requirements that became effective April 1,2019. The NCGO1 Ground Stabilization And Materials Handling standard detail can be printed from the deq.nc.gov/NCGO1 website. 13. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall comply with the NCGO1 Self-Inspection, Recordkeeping and Reporting requirements that became effective April 1,2019. The NCGO 1 Self-Inspection,Recordkeeping and Reporting standard detail can be printed from the deq.nc.gov/NCGO1 website. 14. 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-54.1(e). Letter of Approval City of Jacksonville February 23,2023 Page 5 of 5 15. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed area and time of exposure should be limited. We recommend this project be phased so that uncovered area is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5), the land-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan. Ref: G.S. 113A-54.1 through G.S. 1 13A-57 Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504 General Permit NCG 010000 NPDES for Construction Activities W • ^I e• O 6 p o C ,..i to :: Z y c14 CDgi cZI CI .� 04 5 ,_, = O' 0 4 E-+ ::_, . q ; z , g TI Isa�E 'T O a� '� a� 'ap 1�1 �' " . - a C = en v r:4 •W r-oii r' CI cl) "� v p., - = = cil Ct O Z CA Cil Q1 caRoi j�AN A M A4 +A el e n /� j '%��, d a\ uJ C� 1 I 6 = Cl) =" w p E G4 O W C '' �' d-' r 1 t = t 741 in 4u v cu oCA 6 a Cr) Cd 44 gy 6 t e� �. N o aA CI '' ' ,- .5 O N cn .,.. C..)�--+ N A Mt CA 4_ CI p' Co C p cJ � G ^6 W CI y N CI CI V CI a. V V - - r -, 1 . . gr. —4--- - -•f i ' - r - c- • . ti N. .t-r' . — --. -._ •'r , .• _ •1 - - - - J . _ _ - _ - ._ - -R • — - • _ =t •—• - - — —•--. ��z — __.� +� ��=7G -� -"'- �• s• -. . Fact Sheet on the Nevv NOGO1 Perrtit April 2019 tp«1•«aM Enwo.rl:�p� The NC Construction General Permit(also known as"NCG01")was renewed on April 1,2019.The updated permit does not significantly change the measuresthat 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 N0001 permit through an electronic process. utiVi u-worked with a broad team of stakeholdersto make all of these updates. If you have questions, contact Annette Lucas at Annette.lucas[a7jhcdenr.ctov or(919)707-3639. Organizational Updates Acronyms to Know The new permit: ODQ Certificate of Coverage, proof of coverage under an NOG01 permit • Repeatsstate requirementsfor E&S DBVILR NCDivision of Energy, Mineral, and Land Resources Flans and organizes them with federal E&JC Erosion& Sedimentation Control construction activity requirements; e-NOI: Notice of Intent, application form for the NO3)1 permit • Is dearly organized by topic; and e-NOT: Notice of Termination,form for closing out the NO3D1 permit • Has less text and more tables. SNPPP: aormwater Pollution Prevention Ran, required by the NO201 Technical Updates The new permit: • Requires that the E&S Flan meet SNPPP requirements(p. 2); • Rovidesa list of items that must be included in the SNPPP,such as the construction sequence,plans, � ,-r calculations,etc. (p. 2 4 ' ); ✓ -r` r • Has updated language on bypasoes and upsets that is tailored to construction activities(p. 10); • PUtsall timeframes for inspections, '. record-keeping and reporting in The N0301 Process "calendar days" for clarity and The new NCQ07 applies to petmitsapproved on or after April 9, 2019. consistency(p. 11 14);2 Formitteeswill no longer receive a copy of the NO301 permit in the mail • Changes the inspection frequency with their E&SPlan approvals and be considered as covered under the (during business hours)to at least permit. Federal rules require that DBVILRreceive an NOI on each once per 7 calendar days and after construction project and issue each construction project its own CX3C every storm>1.0 inch(previously 0.5 inch);3 and Under the new NO301 process,construction sites will continue to • Excludes weekends, state and federal receive approval for E&8Flansfrom either DBVILRor the delegated holidays from normal business hours local E&S program just like before, After receiving E&SPlan approval, unless construction activities take permitteeswill officially obtain coverage under the N0331 by place(p. 23). completing an e-NOI (available at deci.nc.gov/NCG01). The e-NOI will only take about 20 minutesto fill out and submit on-line. 1 This list is based on website guidance by the DEMlR3ediment Program. Initially, there will be no charge associated with applying for an NO301 2 The number of calendar days was permit but on or around line 1,2019, DBVILRwill begin charging a$100 selected to be as equivalent as annual general permit fee as required per§143-215.3D. possible with the previous permit. DBVILRisworking on creating a single application form that will allow an The intent is to provide predictability applicant to simultaneously apply for an E&SCpermit and an N0301 to the inspection schedule. OCC.That effort is part of a larger Permit Transformation project at DBVI LR Why do construction sites have to do this extra application step? How does the new NCGO1 affect the Dv1LRis required by the Ato issue a specific CUCto every construction delegated locall9CPrograms? site that disturbs one acre or more. DEMLRisworking to create a form Local programs will continue to review that combines the ErS, plan approval and e-NOI processes, but that will and approve E&3plans. However, take more time. For now, DEVI LRhas created an efficient e-NOI process they will no longer send copies of the NC001 with E8,9Elan approvals. If an B&SCPIan is approved before April 1,which permit applies? DEV1LRwill provide sample language to R'ojects with already approved E&S:Planswill automatically follow the use in local E&MRan approvals to new NO201 permit, but will not need to fill out an e-NOI or pay an annual advise permittees that they must permit fee. However,the permittees should print the new permit and the submit an e-NOI to DEv1lR two standard detail sheets and have them on site. Will DENIM offer tools to help permittees comply with the new NOCO1? ' it,. Yes, DEVMLRwill provide two sample plan sheets at deq.nc.gov/N(T1)1 that _ can be placed into the E&SCplan 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 e-NOI submittal and OOCprocesswork? Fbrmitteeswill apply for E&SPlan approvals from DEv1LRor the local E&Sprogram like before.The E&S approval letter will instruct the permittee to visit decoc.gov/NCGO1 to submit an e-NOI form to DENIER Local programs are not required to The permittee may begin the construction activity after receipt of the ODC check if permittees have submitted e- (within three days*). The permittee must print and retain a copy of the NOlsto DEMLR However, if they wish permit and the OOCon site. Initially,the OOCwill be issued for free but on to do thisvoluntarily,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 e-NOI form? projects that have submitted e-NOIs. aibmittal must be by a responsible corporate officer that owns or operates the activity, such asa president, secretary,treasurer,or vice When local programs dose out an 6&� president or a manager that is authorized in accordance with IV.B.6 of the Ran, the dose out letter will advise N0301 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 e-NOI, save it asa draft, NOT. DEV1LRwill provide sample and email it to the responsible entity for signature& submittal. language. What happens to the O=when the construction activity is complete? Local thats programs may approve la When a project is complete, the permittees will contact DWILRor the local and rules meet stateplas sediment laws delegated program to close out the E&9Ran.After DEVILRor the local and rules even if those plans are not E&8program inform the permittee of the project close out via inspection compliant with all of the NOG01 requirements. However, their report,the permittee will visit deq.nc.gov/N0001 to submit an e-NOT. permitteeswill be required to add two Will there be a c'ace period for adherence to the new process? plan sheets(which will be provided by DBVILR does not have the authority to grant a grace period from a LR to their E&BRansto ensure federally mandated permit. Formitteeswill be informed of the new that they fully comply with the ground process via web site, E&CRan 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 e-NOI reporting portion of the NC301 permit. after approval of its E&3 Pan, this is a violation of federal permitting requirements and the permittee could be subject to a penalty amassment. Q 24 business hours fora project approved under the DOVMLRExpress review program.