HomeMy WebLinkAboutNCC210077_ESC Approval Submitted_20210107ROYCOOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
anon
NORTH CAROLINA
Environmental Quality
October 21, 2020
LETTER OF APPROVAL
FedEx Ground Packaging System, Inc.
ATTN: Anthony Spalvieri, Assistant Secretary
1000 FedEx Dr.
Moon Township, PA 15108
RE: Project Name: FedEx Hub Expansion
Acres Approved: 46.16
Project ID: GUILF-2020-032
County: Guilford
City: Kernersville
Address: Old Greensboro Rd.
River Basin: Cape Fear
Stream Classification: WS-IV; Critical Area - Randleman Lake Watershed
Submitted By: BL Companies
Date Received by LQS: October 9, 2020
Plan Type: Revised
Dear Sir or Madam:
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. 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 (NOI) form requesting a Certificate of Coverage (COC) under the
NCGO10000 Construction Stormwater General Permit. This form MUST be submitted and COC
issued prior to the commencement of any land disturbing activity on the above -named project.
The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the NOI form
to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. After you
submit a complete and correct NOI Form, a COC will be emailed to you within three business days.
Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, a $100 fee
will soon be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff
in Raleigh.
D North Carolina Department of Environmental Qaallty I Division of Energy, Mineral and land Resources
Winston-Salem Regional Office 1 450 Hanes MIR Road Sulte3001 Winston-Salem, North Carolina 27103
336.776.9800
Letter of Approval
FedEx Ground Packaging System, Inc.
October 21, 2020
Page 2 of 2
Title 15A NCAC 413.0118(a) and the NCG01 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 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 ensure 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 farm, 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.
Si cerely,
cha Lentz, EI
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
NCG01 Fact Sheet
c: BL Companies
ATTN: Lee Bakeley, P.E.
3420 Toringdon Way, Suite 210
Charlotte, NC 28277
WSRO file
Fact Sheet on the New NCGO1 Permit
April 2019
The NC Construction General Permit (also known as "NCG01") was renewed on April 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 NCG0:1 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.Qov 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 clearly 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);
• Provides a list of items that must be
included in the SWPPP, such as the
construction sequence, plans,
calculations, etc. (p. 2-4);'
■ Has updated language on bypasses and
upsets that is tailored to construction
activities (p. 10);
• Puts all timeframes for inspections,
record -keeping and reporting in
"calendar days" for clarity and
consistency (p. 11-14);2
• Changes the inspection frequency
(during business hours) to at least
once per 7 calendar days and after
every storm > 1.0 inch (previously 0.5
inch);' and
■ Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
place (p. 23).
This list is based on website guidance
by the DEMLR Sediment Program.
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
COC: Certificate of Coverage, proof of coverage under an NCGO1 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCGO1 permit
e-NOT: Notice of Termination, form for closing out the NCGO1 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
The NCGO1 Process
The new NCGO1 applies to permits approved on or after April 1, 2019.
Permittees will no longer receive a copy of the NCGO1 permit in the mail
with their E&SC Plan approvals and be considered as covered under the
permit. Federal rules require that DEMLR receive an NCI on each
construction project and issue each construction project its own COC.
Under the new NCGO1 process, construction sites will continue to
receive approval for E&SC Plans from either DEMLR or the delegated
local E&SC program just like before. After receiving E&SC Plan approval,
permittees will officially obtain coverage under the NCG01 by
completing an e-NOI (available at deq.nc.gov/NCGQ1). The e-NO] will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCGO1
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 that will allow an
applicant to simultaneously apply for an E&SC permit and an NCGO1
COC. That effort is part of a larger Permit Transformation project at
DEMLR.
Q&A About the New NCG01 Permit
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 a-NOI processes, but that will
take more time. For now, DEMLR has created an efficient a-NOI process.
If an E&SC Plan is approved before April 1, which permit applies?
Projects with already approved E&SC Plans will automatically follow the
new NCG01 permit, but will not need to fill out an e-NO1 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 NCG01?
Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCG01 that
can be placed into the E&SC 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 of the permit.
How will the new a-NOI submittal and COC process work?
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 deg.nc.gov/NCGO1 to submit an e-NO1 form to DEMLR.
The permittee may begin the construction activity after receipt of the COC
(within three days*). The permittee must print and retain a copy of the
permit and the COC 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 a-NOI 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.B.6 of the
NCGO1 permit. Additional signatory options are set forth in IV.13.6 of the
permit. It is possible for consultant to prepare the e-NOI, 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 DEMLR or the local
E&SC program inform the permittee of the project close out via inspection
report, the permittee will visit dea.nc.gov/NCG01 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 list servs. If 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 NCG01 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
NCG01 with E&SC Plan approvals.
DEMLR will provide sample language to
use in local E&SC Plan approvals to
advise permittees that they must
submit an a-NO1 to DEMLR.
Local programs are not required to
check if permittees have submitted e-
NOIs to DEMLR. However, if they wish
to do this voluntarily, there will be a
tool available nn r1FA/II R'c iereh 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 submit an e-
NOT. DEMLR will provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even if those plans are not
compliant with all of the NCG01
requirements. However, their
permittees 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, and
inspection, record -keeping and
reporting portion of the NCG01 permit.
* Or 24 business hours for a project
approved under the DEMLR Express
review program.
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Energy, Mineral TRACY DAVIS
and LandResources Director
ENVIRONMENTAL QUALITY
Announcement of Combined Self -Monitoring and Self -Inspection Form
The Sedimentation Pollution Control Act was amended in 2006 to require that persons
responsible for land -disturbing activities inspect a project after each phase of the project
to make sure that the approved erosion and sedimentation control plan is being followed.
Rules detailing the documentation of these inspections became effective October 1, 2010.
To simplify document of Self -Inspection Reports and NPDES Self -Monitoring Reports, a
combined form is now available. The new form was developed to satisfy the requirements
of the Sedimentation Pollution Control Act and the NPDES Stormwater Permit for
Construction Activities, NCG 010000. Beginning August 1, 2013, the Division of Energy,
Mineral, and Land Resources is responsible for administering both the SPCA and the NPDES
Stormwater Permit for Construction Activities NCG 010000. The combined form should
make it easier to comply with self -inspection requirements.
The Combined Self -Monitoring form is available as a PDF and Word document from the
Land Quality web site.
http://Portal.ncdenr.org/web/ir/erosion
If you have questions, please contact the Land Quality Section at a DEQ Regional Office
State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
450 West Hanes Mill Road, Suite 300 1 Winston-Salem, NC 27105
336 776-9800 Phone/ 336 776-9797 FAX