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HomeMy WebLinkAboutNCC240574_ESC Approval Submitted_20240308 onvi/ie N c - ,.Pf Cityof Jacksonville Public Services Department PO Box 128 • Jacksonville NC 28541-0128 Water Quality Division Central Phone 910 938-5233 Fax 910 938-5208 Habitat Protection Stormwater Manager Phone 910 938-6446 February 21 , 2024 LETTER OF APPROVAL 1079 Jacksonville LLC WaWa Trade Street and Western Boulevard 2950 SW 27th avenue, Suite 300 Miami,FL 33133 RE: WaWa Trade Street and Western Boulevard Project ID: 22-1500000013 County: Onslow City: City of Jacksonville Address: 1079 Western Blvd., Jacksonville NC 28546 River Basin: White Oak Stream Classification:NSW Submitted By:Nadean Shovels&Tyler Carpenter-Kimley Horn Total tract: 1.79 acres; Disturbed 2.37 acres Date plans Received but put on hold by owner: October 20, 2022 Date Fee Received by: October 20, 2022 Date of new resubmittal: February 12,2024 Date Comments for Disapproval mailed February 12, 2024 Date of final resubmittal received February 15, 2024 Dear Mr. Carpenter, 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 1 Il 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 applicable 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 and fee details 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 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 12 months. Letter of Approval 1079 Jacksonville LLC-WaWa Trade St February 21, 2024 Page 2 of 2 In addition, this letter gives the notice required by pi.S. 113A-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. Notice of your right to inspect the site shall be included in the certificate of approval of each erosion and sedimentation control plan, G.S. 113A-61.1(a). Acceptance and approval of this plan and permit is conditioned upon your compliance with Federal and State water quality laws, regulations, and rules G.S. 113A-61(b l). 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. We need to advise you to proceed with caution in the protected wetland and stream areas, no impacts, not even temporary ones, are allowed to the wetlands or Sandy Run Brach Stream without a USACE permit. 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. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. • erely, Pat Donovan-Brandenburg Stormwater and Soil/Erosion Control Manager City of Jacksonville Enclosures:Certificate of Approval NCG01 Fact Sheet Fact Sheet on the New NCG01 Permit March 2019 �y,nnvm oiemnmrenm a y The NC Construction General Permit(also known as"NCG01")was renewed on March 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 NCGO1 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)707-6369. Organizational Updates Acronyms to Know The new permit: COC: Certificate of Coverage, proof of obtaining an NCGO1 permit • Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources Plans and organizes them with federal E&SC: Erosion &Sedimentation Control construction activity requirements; e-NOI: Notice of Intent, application form for the NCGO1 permit • Is clearly organized by topic; and e-NOT: Notice of Termination,form for closing out the NCG01 permit • Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1 Technical Updates The new permit: ` f � • Requires that the E&SC Plan meet SWPPP requirements (p. 2); '! • Provides a list of items that must be r 4c included in the SWPPP,such as the �. r ,� ° - construction sequence, plans calculations, etc. (p. 2-4);1 "2� P" W vt��rr ty . - • • Has updated language on bypasses and >F� � ,( y upsets that is tailored to construction "� '^.' .e t 3 ? activities(p. 10); ! r +' , - r "` - • Puts all timeframes for inspections, record-keeping and reporting in The NCGO1 Process "calendar days"for clarity and The new NCGO1 applies to permits approved on or after March 1,2019. consistency(p. 11 14);z Permittees will no longer receive a copy of the NCGO1 permit in the mail • Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the (during business hours)to at least permit. Federal rules require that DEMLR receive an NOI on each once per 7 calendar days and after construction project and issue each construction project its own COC. every storm > 1.0 inch (previously 0.5 inch);3 and Under the new NCG01 process, construction sites will continue to • Excludes weekends,state and federal receive approval for E&SC Plans from either DEMLR or the delegated holidays from normal business hours local E&SC program just like before. After receiving E&SC Plan approval, unless construction activities take permittees will officially obtain coverage under the NCGO1 by place (p. 23). 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. 1 This list is based on website guidance by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCGO1 2 The number of calendar days was permit but on or around May 1, 2019, DEMLR will 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. DEMLR is working on creating a single application form that will allow an 3 The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCG01 to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at DEMLR. 1 Q&A About the New NCGO1 Permit Why do construction sites have to do this extra application step? How does the new NCGO1 affect the DEMLR is required by the US Environmental Protection Agency to issue a delegated local E&SC Programs? specific COC to every construction site that disturbs one acre or more. Local programs will continue to review DEMLR is working to create a form that combines the E&SC plan approval and approve E&SC plans. However, and e-NOI processes, but that will take more time. For now, DEMLR has they will no longer send copies of the created an efficient e-NOl process. NCGO1 with E&SC Plan approvals. DEMLR will provide sample language to If an E&SC Plan is approved before March 1,which permit applies? use in local E&SC Plan approvals to Projects with already approved E&SC Plans will automatically follow the advise permittees that they must new NCGO1 permit, but will not need to fill out an e-NOI or pay an annual submit an e-NOI to DEMLR. permit fee. However,the permittees should print the new permit and the i -- - 111:„. 10 two standard detail sheets and have them on site. Will DEMLR offer tools to help permittees comply with the new NCGO1? Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCGO1 that `"'. 04116, can be placed into the E&SC plan set.The first covers the site stabilization „ NON .1 ..trly and materials handling portions of the permit. The second sheet covers h ` ., the inspection, record-keeping and reporting portions of the permit. iY, How will the new e-NOI submittal and COC process work? Y; ;' Permittees will apply for their E&SC Plan approvals from either DEMLR or Local programs are not required to the delegated local E&SC program like before.The approval letter will check if permittees have submitted e- instruct the permittee to visit deq.nc.gov/NCGO1 to submit an e-NOI form NOIs to DEMLR. However, if they wish to DEMLR.A COC will be issued within three business days. Then,the to do this voluntarily,there will be a permittee will be responsible for printing a copy of the permit and tool available on DEMLR's web site for retaining it on site. Initially,the COC will be issued for free but on or them to view a list of construction around May 1, 2019, a $100 annual general permit fee will be charged. projects that have submitted e-NOls. Who is allowed to submit an e-NOI form? When local programs close out an E&SC The officer, manager, or sole proprietor of the financially responsible Plan,the close-out letter will advise organization may submit e-NOls. permittees that they must submit an e- NOT. DEMLR will provide sample What happens to the COC when the construction activity is complete? language. When a project is complete,the permittees will contact DEMLR or the local delegated program to close out the E&SC Plan.After DEMLR or the local Local programs may approve E&SC E&SC program inform the permittee of the project close out via inspection plans that meet state sediment laws report,the permittee will visit deq.nc.gov/NCGO1 to submit an e-NOT. and rules even if those plans are not compliant with all of the NCGO1 Will there be a grace period for adherence to the new process? requirements. However,their DEMLR does not have the authority to grant a grace period from a permittees will be required to add two federally mandated permit. Permittees will be informed of the new plan sheets (which will be provided by process via web site, E&SC Plan approval letters and list servs. DEMLR)to their E&SC Plans to ensure that they fully comply with the ground What will happen if an e-NOI is not submitted for a construction site? stabilization, materials handling, and If a construction site that disturbs one acre or more fails to submit an e- inspection, record-keeping and NOI after approval of its E&SC Plan,this is a violation of federal permitting reporting portion of the NCGO1 permit. requirements and the permittee could be subject to a penalty assessment.