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HomeMy WebLinkAboutNCC231923_ESC Approval Submitted_20230621 srA �•. ROY COOPER ,�`� r , Governor ELIZABETH S.BISER "As uu Secretary �aa �►� DOUGLAS R.ANSEL NORTH CAROLINA Interim Director Environmental Quality April 10, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Charlotte Western Railroad, LLC Attention: Anthony Cox, SUP Engineering 1027 S. Main Street, Suite 403 Joplin, Missouri 64081 RE: Project Name: Modena Street Transload Facility Project ID: GASTO-2021-003 Acres Approved: 5.40 County: Gaston City: Gastonia Location: Modena Street River Basin: Catawba Stream Classification: Other Submitted By: HDR, Inc. Date Received by LQS: March 27, 2023 Plan Type: Revised Dear Mr. Cox: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The Modifications Required for Approval are listed on the attached page. 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 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 NCG010000 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. Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on file at the job site: North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115 �mmoti �"°+ 704-663-1699 Letter of Approval with Modifications Charlotte Western Railroad, LLC April 10, 2023 Page 2 of 3 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 30 days. Also, this letter gives the notice required by G.S. 113A-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, 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. 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, Apuo-til,{ Jerry W. Eplin, PE Assistant Regional Engineer Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCG01 Fact Sheet c: HDR, Inc. Attention: Michael Little, PE, LEED AP 440 S. Church Street, Suite 1000 Charlotte, North Carolina 28202-2075 E North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115 �� /'� 704-663-1699 Letter of Approval with Modifications Charlotte Western Railroad, LLC April 10, 2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Modena Street Transload Facility Project ID: GASTO-2021-003 County: Gaston Reviewed by: Jerry W. Eplin, PE 1. A corrected Financial Responsibility/Ownership (FRO) form was received by our office by email on April 10, 2023. The original signed and notarized FRO form must be received by our office within 2 weeks of this letter. 2. Additional measures may be required - The applicant is responsible for the control of sediment on- site. If the approved erosion and sedimentation control measures prove insufficient, the applicant must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115] North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115 704-663-1699 •CERTIFICATE OF PLAN APPROVAL wrap 4 , r. ,a•: r ,'�eQV,u„v�' The posting of this certificate certifies that an erosion and sedimentation control plan has been approved for this project by the North Carolina Department of Environmental Quality in accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted at the primary entrance of the job site before construction begins and until establishment of permanent groundcover as required by North Carolina Administrative Code, Title 15A, Chapter 4B.0127 (b). Modena Street Transload Facility — Gastonia — Gaston County Project Name and Location April 10, 2023 GASTO-2021-003 Date of Plan Approval Project Number PE NCGO1 Certificate of Coverage # ` ==-� A t. Regional Engineer Q&A About the New N Al Permit Why do construction sites have to do this extra application step? How does the new NCGO1 affect the DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs? site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review that combines the E&SC plan approval and e-NOI processes, but that will and approve E&SC plans. However, take more time. For now,DEMLR has created an efficient e-NOI process. they will no longer send copies of the NCGO1 with E&SC Plan approvals. If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to Projects with already approved E&SC Plans will automatically follow the I use in local E&SC Plan approvals to new NCGO1 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 DEMLR. two standard detail sheets and have them on site. ra Will DEMLR offer tools to help permittees comply with the new NCGO1? - Yes,DEMLR will provide two sample plan sheets at deo.nc.Rov!NCGO1 that -' can be placed into the E&SC plan set.The first covers the site stabilization ? !i 41 i and materials handling portions of the permit. The second sheet covers l ' � :}.\ the inspection, record-keeping and reporting <3�.ts••=•1 .e'�p p' g p g portions of the permit. rho How will the new a-NOl submittal and COC process work? r=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 dea.nc.gov/NCGO1 to submit an e-NOI form to DEMLR. Local programs are not required to The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e- (within three days*).The permittee must print and retain a copy of the NOIs to DEMLR. However,if they wish permit and the COC on site. Initially,the COC will be issued for free but on to do this voluntarily,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 a-NO1s. Submittal must be by a responsible corporate officer that owns or operates the activity,such as a president,secretary,treasurer,or vice When local programs close out an E&SC president or a manager that is authorized in accordance with IV.B.6 of the Plan, the close-out letter will advise NCG01 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 as a draft, NOT. DEMLR will provide sample and email it to the responsible entity for signature&submittal. language. Local programs may approve E&SC What happens to the COC when the construction activity is complete? plans that meet state sediment laws When a project is complete,the permittees will contact DEMLR or the local and rules even if those plans are not delegated program to close out the E&SC Plan.After DEMLR or the local compliant with all of the NCG01 E&SC program inform the permittee of the project close out via inspection requirements. However,their report,the permittee will visit deo.nc.gov/NCGO1 to submit an e-NOT. permittees will be required to add two Will there be a grace period for adherence to the new process? plan sheets(which will be provided by DEMLR does not have the authority to grant a grace period from a DEMLR)to their E&SC Plans to ensure federally mandated permit. Permittees will be informed of the new that they fully comply with the ground process via web site, E&SC Plan 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 NCG01 permit. 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. Dr24 business hours for a project approved under the DEMLR Express re view program.