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Home My WebLink AboutNCC233014_ESC Approval Submitted_20231006 ROY COOPER },� Governor 1 _ {{�s ELIZABETH S.BISER F t� Secretary DOUGLAS R.ANSEL NORTH CAROLINA Environmental Quality Interim Director February 14, 2023 LETTER OF APPROVAL WITH MODIFICATIONS JDSI, LLC Attention: Judson Stringfellow, Managing Member 3515 Dovewood Drive Charlotte,North Carolina 28226 RE: Project Name: Villa of Kings View Subdivision Phase 1 Project ID: CLEVE-2023-011 Acres Approved: 9.16 acres County: Cleveland City: Shelby Location: Pinnacle Crossing River Basin: Broad Stream Classification: Other Submitted By: Latham-Walters Engineering, Inc. Date Received by LQS: January 30, 2023 Plan Type: Revised Dear Mr. Stringfellow: 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: I • North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources • Mooresville Regional Office(610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 704-663-1699 Letter of Approval with Modifications JDSI, LLC February 14, 2023 Page 2 of 3 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. 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 pennit or approval. Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility Forrrr, 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, r Jerry W. Eplin, PE Assistant Regional Engineer Land Quality Section JWE Enclosure: Certificate of Approval Modifications Required for Approval NCGO1 Fact Sheet c: Latham-Walters Engineering, Inc. Attention: Cody Aymar 16507-A Northcross Drive Huntersville,NC 28078 North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115 704-663-1699 Letter of Approval with Modifications JDSI, LLC February 14,2023 Page 3 of 3 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Villa of Kings View Subdivision Phase I Project ID: CLEVE-2023-011 County: Catawba Reviewed by: Jerry W. Eplin, PE 1. Sediment basins need to be stabilized immediately after installation. This includes the basin walls. [15A NCAC 4B .0106(a)(3)] 2. Approval by a representative of the Land Quality Section will be required prior to removal of erosion control measures and/or conversion of the sediment basin(s)to post-construction stoiiuwater SCMs. Due to the nature of your project, basins should not be converted until after home construction is complete for homes within the drainage area for the basin. Basins are to remain intact and functional as sediment basins until all upgradient areas are stabilized. [15A NCAC 4B .0106(a)(5)] 3. Off-site borrow and waste, if any, required for this project must come from a site with an approved erosion control plan, a site regulated under the Mining Act of 1971, or a landfill regulated by the Division of Solid Waste Management. Trash/debris from demolition activities or generated by any activities on site must be disposed of at a facility regulated by the Division of Solid Waste Management or per Division of Solid Waste Management or Division of Water Resources rules and regulations. [15A NCAC 4B .0110] 4. If post-construction stormwater permits are required, they must be obtained prior to starting construction. 5. 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] aI North Carolina Department of Environmental Quality[Division of Energy,Mineral,and Land Resources Mooresville Regional Office 1 610 East Center Avenue,Suite 3011 Mooresville,North Carolina 28115 704-663-1699 co() • et - '6 I 4.cl4H24 • tg •4 4 U 1 V) a t1 •tea len C ry 64 I •• • •0, 0 6 ® CA a • •PO • v rr"'1� 1 CBI 4•1 �dl a em4 1? ®• fj W ,F-3 -4.4,1 COD 04 0,,. 4 L1.1 E ; •mg - cl 6 0 A~' t 0 r== = et on t = 6 4 - 0 4 Fact�� 0 �� W� �� /�� om�`�� ,~.. uux~° n�.~�� m��«� V U' ~.. ...o� April �� ^° ��» �� "� The NC Construction General Permit(also known as was renewed on April 1,2019.The updated permit does not significantly change the measures that are required tobe 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 NDG81 permit through an electronic � process. DEMLR worked with a broad team of stakeholders to make all of these updates. !f you have questions, � contact Annette Lucas at Annette.|ucas,@Iiodenr.guvor(919)7O7'3639. � �Organizational Updates Acronyms to Know ` ` The new permit: COC: Certificate of Coverage,proof ofcoverage under an NCGU1 permit � w Repeats state requirements for E&S[ 0EMLR: N[Division of Energy,Mineral,and Land Resources � Plans and organizes them with federal E&SC: Erosion &Sedimentation Control � construction activity requirements; e'NO|: Notice of Intent,application form for the N[GO1permit � • is clearly organized by topic;and e-NOT: Notice of Termination,form for closing out the N[GO1 permit � * Has less text and more tables. S@/PPP: 5to~nnwoter Pollution Prevention Plan,required by the NCG81 � | � Technical Updates ~ The new permit: w Requires that the E&5[Plan meet 6VVPPP requirements(p. I); ' ! • Provides a list of items that must be included |n the SVVPPP,such usthe construction sequence,plans, calculations, etc. (p. Z`4);/ • Has updated language on bypasses and � upsets that is tailored toconstruction � activities(p. 10); * Puts all timefmnns for inspections, ---------'' —' — record-keeping and reporting in The NCGOlProce$m "calendar days"for clarity and The new 8CGO1 applies to permits approved onwr after April 1,2019. consistency(p. 11'l4);z Pennitteeo will no longer receive a copy uf the NC6Ol permit in the mail * Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the (during business hours)toatleast permit. Federal rules require that DEKXLR receive an NO|on each once per 7 calendar days and after construction project and issue each construction project its own COC' ! everystnrm> 1.0inuh (previous|y0.5 | inch);'and Under the new N[QO1 process,construction sites will continue to ° Excludes weekends,state and federal receive approval for E&SC Plans from either DEK4LRor the delegated holidays from normal business hours local E&8C program just like before.After receiving E&SC Plan approval, unless construction activities take permitteeswU|officially obtain coverage under the N{GU1 by place (p. 23). completing aoe'NO| (available ut ). The e'NO|will only take about 2D minutes t^fill out and submit nn'|ine. z This list b based on wmbuiteguidance initially,there will 6enn charge associated with applying for anN[G81 by the DEW1iR Sediment Program. � The number of calendar days was permit but o»o/around June 1' 2U19, DEK8LR will begin charging a$1O0 selected tnbeoo equivalent as annual general permit fee as required per 5143'215.3D. possible with the previous permit. DEMLR is working on creating a single application form that will allow an 3 The intent isto provide predictability applicant tn simultaneously apply for anE&6[permit and anN[GD1 to the inspection schedule. CO[.That effort is part ofa larger Permit Transformation project at DEK4LR. / �� . �� 3�� *�� Q�.�� °� ^�~=.° �� m °~" ...�� Why do construction sites have to do this extra application step? How does the new NCG0Iaffect the DEK8LRis required by the EPA to issue a specific COCto every construction delegated loca|E&SC Programs? site that disturbs one acre nrmore. DEK8LRis working to create nform Local programs will continue toreview that combines the E&S[plan approval and e'N0 processes, but that will and approve E&6C plans. However, take more time. For now, DEK4LR has created an efficient e'NO| process, they will no longer send copies ofthe NCG8I with E&3C Plan approvals, Ifon£&SC Plan is approved before April 1,which permit applies? DEW1LR will provide sample language to Projects with already approved E&GC Plans will automatically follow the use in local E&SC Plan approvals to new NCGO1 permit, but will not need to fill out ane-N0or pay anannual advise permbtees that they must permit fee. However,the permittees should print the new permit and the submit ane-NO|toUEK4LR. two standard detail sheets and have them onsite. Wil|DEMLR offer tools tohelp perrm]Vtees comply with the new NCG01? Yes, DEMLR will provide two sample plan sheets at6e_1��mov/NCG{1that can be placed into the E&3[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 uf the permit. How will the new m-NO|submittal and COC process work? Permitteeo will apply for E&SC Plan approvals from DEMLRo,the local / EQ'SC program like before.The E&SC approval letter will instruct the permiiteeto visit deq.nc.�,ov/WCGD1to submit ane'NO|form toDEMLR. Local programs are not required to The penmi\tee may begin the construction activity after receipt nf the CO[ check ifpermittees have submitted e' NO|»toDEK0LR H if wish (within three doys*).The permittee must print and retain a copy ofthe ' o»«e«e/' eyws permit and the[OCnn site. Initially,the COC will be issued for free but nn Codo this voluntarily,there will bea nr around June 1, 2O19,a 1U0 annual general permit fee will becharged. Uuo|available onDEK0LR'o web site for them to view a list ofconstruction Who|aallowed tm submit ame-NO|form? } projects that have submitted e'ND|o. Submittal must bebya responsible corporate officer that owns o, operates the activity,such esa president,secretary,treasurer,orvice When local programs close out anE&8[ president nra manager that is authorized in accordance with |V.B.5ofthe P|uo the -outletter will advise NOGO1pe,mit. Additional signatory options are set forth in |V.B.6ofthe Permittees that they must submit ane' permit. |tis possible for consultant to prepare the e-NO|,save itasodraft, NOT. DEKXLR will provide sample language. andemai| �tothereyponsib|eendtyfors)8noture@�submi\1a|. | Local programs may approve E&S[ What happens to the COC when the construction activity imcomplete? � plans that meet state sediment laws When a project is complete,the permi\teeswi||contact DEK8LR or the local and rules even if those plans are not delegated program to close out the E&5[Plan.After DEK4LRnr the local compliant with all of the N[G01 E8'SC program inform the perm|tteenf the project close out via inspection requirements However,their repo�,the perm�tee will vis� ��tosubmitmne'NDT. ^ permittees will be required to add two Willww th��m��mm��rlod��v��remc��h�n� process? plan sheets(which will be provided by UEK4LR)tu their E&6C Plans toensure DEK4LR does not have the authority to grant a grace period from a federally mandated permit, Permittees will be informed uf the new that they fully comply with the ground process via web site, E&SC Plan approval letters and list servn. |fa � stabilization,materials handling,and construction activity disturbs one acre or more(or\s part uf common plan inspection,record-keeping and of development that disturbs one acre or more)fails to submit ane'NO| reporting portion nf the N[GO1permit. after approval ofits E&SC Plan,this is a violation of federal permitting * reqoi,emoents and the Permittee could be subject toa penalty assessmenC 0/Z4boo�resshouo/u/opr�ect approved tinder the Q8N1RExpress . review program.