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HomeMy WebLinkAboutNCC192092_ESC Approval Submitted_20191001ROY COOPER Governor MICHAELS. REGAN Secretary S. DANIEL SMITH Director September 18, 2019 XW1111-11 LMI =tau &MIJ River Walk 54, LLC Cranford A. Jones 3705-A W. Market St. Greensboro, NC 27403 RE: Project Name: Riverwalk Phase 3 Acres Approved: 7.85 Project ID: Alarm-2020-008 County: Alamance: City: Graharn Location: Rasberry Run River Basin: Cape Fear Stream Class: other Submitted By: Borum, Wade & Associates Date Received by LQS: September 17, 2019 Plan Type: Residential -- Express - New Dcar Sir or Madarri: 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. '['his 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 NCA('-" 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 NC G010000 Construction Stormwater General Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on this project. The NO] form may be accessed at �j 1 1. Please direct questions about the NON, forrn to Annette Lucas at \iiiiettc,lticas(i,i)i,lccictir.g(.)�,, or Paul Clark at I-)aul.clai-k(ei)i,iccfeii.r,�)OV. After you submit a complete and correct MCI Form, a COC will be tmlailed to you within three business days, Initially, DEMLR will not charge a fee R)r coverage under the NC GOI permit. However, on or after May 1, 2019, a $100 f'ee will be charged annually.. r bsi q) ,, 4 m6 n i DorNo i:iie n 1 of E nwvi mn I X Q I Jal I I y , I)[ V '1(1 � f of E iue r((jj i i al t i ) d hfll314)0 , 'AIC'M q�,Pcm6l 150 /W,,,rl MNfRo, lq iLme 01 , hinm"jn s4pm N00) IM-)9 fl�6� 7 76 9800 Title 15A NCAC 4B .01 18(a) and the NCGOI permit require that the following documentation be kept on file at the job site: 1. The approved E&SC plan aswelI as any approved deviation. 2. The NCGOI permit and the CHIC, after it is received. 3. Records of inspections made during the previous 30 days. 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 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 theform. In addition, it would be helpful if you notify this office of the proposed starting date for this prQject. Please notify us if you plan to have a preconstruction conference. Your cooperation is appreciated. Sincerely, 01,11' Ltftl�r Assistant Regional Engineer DEMLR Enclosures: Certificate of Approval �NCGO1 Fact Sheet Cc: Borum, Wade & Associates, P.A. 6,21 ELIgiene Court Greensboro, NC 27401 ,� t° �,, ,� ,�. w r �"' �,, .� ti �. 4 ,�. � , t �n i � " i •� � w ■ "�'" � �, � Y M �� f ! � � ��� +sew � � ,�, �, ,. a n w t � f �, � � «� > �. + � � � .v.. �� i i •• i 7 , � � �� � '�'" d�; ,� �` � a .� .r .� I i i �r,. � r .r �,+� ��•: � ,� rr .� r '". ■ +.. r. w. . ,.. "� ,�!r "11A1" 7� ,=act Sheet on the New NCGO1 Permit April 2019 QEQi FYI The NC Construction General Permit (also known as "NCGOV) was renewed on April 2, 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. DEM'LR worked! with a broad team of stakeholders to make all of these updates. If you have questions, contact Annette Lucas at Annette. lucas,@ ncdenr. ov 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 cllearly 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); s Provides a, list of items that must be included in the SWPPP, such as the construction sequence, plans, calculations„ etc, (p. 2-4);' a Has updated language on bypasses and upsets that is tailored to construction activities (p, 10); 0 Puts all tirneframes for inspections,, record -keeping and reporting, in ""calendar days" for clarity and consistency (p. '11-14);' a Changes the inspection frequency (during business hours), to at least once, per 7 calendar days and after every storm > 1.0 inch (previously U.S inch);' and a Excludes weekends, state and federal holidays from normal business hours unless construction activities take place (p, 23). This, list is based on welbsite guidance by the D,EMLR Sediment Prograrn, 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 1� COC- Certificate of Coverage, proof of coverage under an NCGO1 permit DEMLR: NC Division of Energy, Mineral, and Land Resources E&S,C: Erosion & Sedimentation Controi e-NOL Notice of Intent, application forrn for the NCGOI permit e-1 Notice of Termination, form for ciosing out the NCGO1 permit SWPPP, Stormiwater Pollution Prevention Plan, required by the NCGO1 The NCGO1 Process Perrnittees will no longer receive a copy of the NCGO I permit in the mail with their E&SC Plan aipprovals and be considered as covered Linder the permit. Federal rules require that DEMLR receive an NOI on each construction project sand issue each construction project its, own COC. Under the new NCGO1 prcacess, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated local E&SC program jLASt like before, After receiving E&SC Plan a pprovai, permittees will officially obtain coverage Linder the NCGO1 by completing an e-NOl (available at dD_1.,Rqj1 govNCG. CI). The e-NCII will only take about 20 minutes to fili out and submit on-line,. Initially, there will be no charge associated with applying for an NCGOI 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 th:at will allowart applicant to simultaneously apply foi- an E&SC permit and an NCGO1 CO:C. That effort is part of a larger Permit I ransformation project at DEMLR. Why do construction sites have to do this extra application step? DEMLR is required by the EPA to issue a specific COC to every construction site that disturbs one acre or more. DEMLR is working to create a form that combines the E&SC plan approval and e-N,011 processes, but that will take more time, For now, DEMLR has created an efficient e-NO] process. If an E&SC Plain is approved before April 1, which permit applies? Projects with already approved E&SC Plans will automatically follow the new NCGO1 perrnit, but will riot need to fill out an e-NOI or pay an annual permit fee. However, the permittees should print the new permit and the 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 deg-nc,gov/NCGO1 that can be placed into the E&SC plan set. The first covers the site stabilization and ma�terials, handling portions of the permit, The second sheet covers the inspection, record -keeping and reporting portions of the perrnit. How will the new e-NOl submittal and COC process work? Permittees will apply for E&SC Plan approvals from either DEMLR or the delegated local E&SC program like before. The E&SC approval letter will instruct the permittee to visit decLnc T vJNCGO1 to submit an e-NOform to DEMLR, The p,ermittee may begin the construction activity after submittal of the e-NOL The permittee Is required to print a copy, of the permit and retain it on site. Initially, the COC will be issued for free but on or around June 1, 2019, a $100 annual general permit fee will be charged, Who is allowed to submit an e-l` O1 form? Submittal must be by a responsible corporate officer that owns or operates the activity, such as a president, secretary, treasurer, or vice president or a manager that Is authorized in accordance with IV.11.6 of the NCGO1 permit. Additional signatory options are set forth in, N.B.6 of the, permit, It is possible for consultant to prepare the e-NO1, save it as a draft, and email it to the responsible entity for signature & submittal, What happens to the COC when the construction activity, is complete? When a project is complete, the permittees will contact DEMLR or the local delegated program to close out the E&SC Plan. After DEMLIR or the local E&SC program inform the permittee of the project close out via inspection report, the perrnittee will visit Of�g,a�,�oy IV GO 1 to submit an e-NOT. Will there be a grace period for adherence to the new process? DEMLR does not have the authority to grant a grace period from a federally mandated permit.. Permittees will be Informed of the new process via web site, E&SC Plan approval letters and lust servs. Nf a construction activity disturbs one acre or more (or is part of common plan of development that disturbs one acre or more) fails to submit an; e-NO1 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, How does the new NCGO1 affect the delegated local E&SC Programs? Local programs will continue to review and approve E&SC plans, However, they will no longer send copies of the NCGO1 with E&SC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they ni submit an e­NOI to DEMLR. Local programs are not required to check if permittees have submitted e- NOls to DEMLR, However, if they wish to do this voluntarily, there will be a tool available on DEMLR's web site for them to view a list of construction projects that have submitted e-NOls. When local programs close out an E&SC Plan,, the close-out letter will advise permittees that they must subrinit an e- Nar, DEMLR will provide sample language. Local programs may approve E&SC plains that meet state sediment laws and rules even if those plans are not compliant with alI of the NCGO1 requirements- However, their perimittees will be required to add two plan sheets (which will be provided by DEMLR) to their E&SC Plans to ensure that they fully comply with, the ground stabilization, materials handling, arid inspection, record -keeping and reporting portion of the NCGO1 permit,