NCC193206_ESC Approval Submitted_20191220

ROY COOPER
Governor
MJCHAc i. S. RE GA%
r
S. DANI L SMITH
Wwrt�•
n,C, <Ti r ,,. �C!_ 1 N
a'nrwirorsm ntad Quality
November 13, 2019
LETTER OF APPROVAL BY DEFAULT
WITH MODIFICATIONS
Recieved 12/3/19
Town of Cary
ATTN: Jerry J. Jensen, P.E. — Director of Transportation & Facilities Department
P.O. Box 8005
Cary, North Carolina 27512
RE: Project Name: FY 2016 Intersection Improvements
Acres Approved: 2.64
Project ID: WAKE-2020-026
County: Wake
City: Cary
Address: Various Roads
River Basin: Neuse
Stream Classification: Other
Submitted By: Holly Miller, P.E., CPESC, CFM c/o SEPI, Inc.
Date Received by LQS: October 8, 2019
Plan Type: Highway
Dear Mr. Jensen:
The subject erosion and sedimentation control plan was approved by default. The
Sedimentation Pollution Control Act (hereinafter "Act") states that this plan must be filed a
minimwn of 30 days (15 days for revised plans) prior to the activity and the approving authority
must approve or disapprove the submitted plan within 30 days (15 days for revised plans) of receipt
Of G.S. 1I3A-54.1. The Act further states that if the approving authority fails to approve or
disapprove the submitted plan within the 30-day (15 days for revised plans) period, the plan will
be deemed approved. The enclosed Certificate of Approval must be posted at the job site. This
plan approval shall expire three (3) years following the date of appravai, if no land -disturbing
activity has been undertaken, as is required by Title 15A NCAC 413 .0 .0129.
As of April 1, 201.9, 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
NCG010000 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
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Letter of Approval with Modifications
ATTN: Town of Cary
November 13, 2019
Page 2 of 5
NOI form maybe accessed at de nc. ovINCG01. Please direct questions about the NOI form to
Annette Lucas at Annette.lucas c ncdenr. Gov or Paul Clark at Paul stark c� �c� denr,go�• After you
submit a complete and correct NOI Form, a COC will be &mailed to you within three business
days. Initially, DEMLR will not charge a fee for coverage under the NCGO1 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.
Title 15A NCAC 413.0118(a) and the NCGO1 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.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection
to insure 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 I I3A-51 through 66), this office may require revisions to the plan and implementation of
the revisions to ensure compliance with the Act.
The developer is responsible for obtaining any and all permits and approvals necessary for the
development of this project prior to the commencement of this land disturbing activity. This could
include agencies such as the DEMLER Stor nwater regulations, Division of Water Resources,
Water Quality Section regulations, and their enforcement requirements within Section 401 of the
Clean Water Act, the Environmental Protection Agency and/or the U.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Solid Waste Management's
landfill regulations, local County or Municipalities' ordinances, or others that may be required.
This approval cannot supersede any other permit or approval; however, in the case of a Cease and
Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All
upland areas would still have to be in compliance with the N.C. Sedimentation Pollution Control
Act.
[f any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act, the
developer is responsible for compliance with the requirements of the Division of Water Resources,
the Corps of Engineers and the Envirorunental Protection Agency (EPA) respectively. Any
erosion control measures that fall within jurisdictional wetland areas must be approved by the
aforementioned agencies prior to installation. The DEMLR must be notified of a relocation of the

Letter of Approval with Modifications
ATTN: Town of Cary
November 13, 2019
Page 3 of 5
measures in question to the transition point between the wetlands and the uplands to assure that
the migration of sediment will not occur. If that relocation presents a problem or contradicts any
requirements of either DWR, the Corps, or the EPA, it is the responsibility of the developer to
inform the DEMLR regional office so that an adequate contingency plan can be made to assure
sufficient erosion control remains on site. Failure to do so will be considered a violation of this
approval.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State
water quality laws, regulations, and rules. In addition, Iocal 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 Fonn, which you provided. This permit aIIows 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
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.
Sincerely,
�At__ pva/�
Dylan Reinhardt
Assistant Regional Engineer
Land Quality Section
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES NCGO1 Fact Sheet
cc: Holly Miller, P.E., CPESC, CFM (hmiller c se iinc.com) — Digital Copy
Regional Office file

Letter of Approval with Modifications
ATTN: Town of Cary
November 13, 2019
Page 4 of 5
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: FY 2016 Intersection Improvements
Project ID: WAKE-2020-026
County: Wake
1. When the project is complete, the permittees shall contact DEMLR to close out the E&SC
Plan. After DEMLR informs the permittee of the project close out, via inspection report,
the permittee shall visit deq.nc.gov/NCGO1 to submit an electronic Notice of Tennination
(e-NOT). A $100 annual general permit fee will be charged until the. e-NOT has been filled
out.
2. The NCGO1 Ground Stabilization and Materials Handling Plan Sheet and the Inspection,
Recordkeeping, and Reporting Plan Sheet must be added to the plans. A pdf and an
AutoCAD version are located at deq.nc.gov/NCG01.
3. FR/O - Per G.S. 113A-54.1(a). Under Part A.2., provide location of project in decimal
degrees (00.0000-00.0000). Coordinates are required to obtain your NPDES CoC.
4. Narrative/Construction Sequence - Per G.S. 113A-54.1.(a), (e); 15A NCAC 0413.0105;
15A NCAC 0413.0106(a)(1), (2), (3), (4), (5), (6), 15A NCAC 0413.0131; 15A NCAC 04B
.0131; and NCGO1 Section II13(2).
a. Add note to Construction Sequence to call NC DEQ DEMLR at the Raleigh
Regional Office at 919-791-4200 to schedule pre -con and for notification of project
start up.
b. Add note that a rain gauge will be installed on site & that copies of plan approved
by. this office, plan approval letter with any modifications or performance
reservations, any 401/404 documentation, & a minimum of the past 30 days of self -
inspection reports will be kept on site until on site until project is closed out by this
office.
c. Note that all E&SC measures must be maintained until all upgrade drainage areas
have been stabilized with the establishment of permanent vegetation & site is
released by personnel of the Land Quality Section of the Raleigh Regional Office.
d. Provide site specific sequence for dewatering sediment containment device for
maintenance or removal. Add note that any dewatering on the project is to be done
through a silt bag.
5. Limits of Disturbance - Per G.S. 113A-57(3); 15A NCAC 04B .0105; 15A NCAC 04B
.0106(5).
a. The L.O.D. should be adjusted to include additional area for access for installation,
maintenance of E&SC measures & adequate for equipment/vehicles traverse that is
associated with project( i.e. include proposed landscape median on sheet EC-5/EC-

Letter of Approval with Modifications
ATTN: Town of Cary
November 13, 2019
Page 5 of 5
10, Type C inlet protection devices as shown on sheets EC-4/EC-9, EC-6/EC-11,
etc.).
b. Include isolated areas in L.O.D. (i.e. the turn lane islands indicated on sheet EC-
5/EC-10. Any sediment tracked out of the indicated L.O.D. would be considered
off -site & subject N.O.V.
c. Show location of any areas used for contractor equipment staging or materials
laydown, dirt or waste piles & for handling waste concrete.
d. Amended erosion and sediment control plan, FR/O. Additional fees are required
for any increase in disturbance over the rounded up to the next whole acre.
6. Access, Easements, Encroachment Agreements - Per G.S. 113A-54.1(a). Provide copies
of access/encroachment agreement from NCDOT & other public or private parties.
7. Temporary Measures - Per G.S. 113A-57(1), (2), (3), (4), 15A NCAC 04B .0105, 15A
NCAC 04B .0I06(a)(1), (2), (3), (4)(5), (6); NCGO1 Section IIB. Provide erosion &
sedimentation control for site based on drainage areas. Any specific areas called out in this
review are to be considered for illustrative purposes and there may be other locations on
the site where similar issues that should be addressed exist. Do any existing structures (i.e.
such as DI shown on sheet EC-4/EC-9) need protecting? Install additional silt fence or
acceptable alternative behind curb on along Widdington Lane. Provide sediment
containment at check dams on Y-Line shown on sheet EC-4/EC-9. Provide stabilization
for ditch at check dam on sheet EC-5/EC-10, Show contractor equipment staging & lay
down areas, dirt piles or waste areas with appropriate E&SC measures. To help prevent
collapse of yard inlet device under sediment load, suggest that additional hog wire that is
a minimum of 14 gauge be attached to hardware cloth and that additional T-post be attached
as braces across the top of the vertical T-posts. If implemented, the detail should be
amended to reflect changes. To help prevent sediment from being tracked onto paved
surfaces not included in the L.O.D., suggest the implementation of a tire/vehicle wash
station. If implemented, a detail should be provided.
8. Upon receipt of approval letter, please send one half sized set of the plan for field use.
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities

The New NCG01 Permit: What you Need to Know.
January - February 2019
The NC Construction General Permit (also known as "NCG01") will be 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 NCG01 permit through an
electronic process. DEMLR worked with a broad team of stakeholders to make all of these updates.
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).
1 This list is based on website guidance
by the DEMLR Sediment Program.
z 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 obtaining an NCG01 permit
DEMLR: NC Division of Energy, Mineral and Land Resources
E&SC: Erosion & Sedimentation Control
NOI: Notice of Intent, the application form for general permits
NOT: Notice of Termination, the form for closing out the NCG01 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
The New NCG01 Process
There will soon be a new way to obtain NCG01 permit coverage.
Permittees will no longer receive a copy of the NCG01 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 NOI on each
construction project and issue each construction project its own COC.
Under the new NCG01 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 electronic N01 (available at dec1.nc.gov/NCGQ1). The N01
will only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCG01
permit but on or around May 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 NCG01
COC. That effort is part of a larger Permit Transformation project at
DEMLR.

�
Why do construction sites have to do this extra application step?
DEMLR is required by the US Environmental Protection Agency 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 NOI processes, but that will take more time. For now, DEMLR has
created an efficient electronic NOI process.
If a project's E&SC Plan is already approved, will it follow the new
NCG01?
Yes, projects with already approved E&SC Plans will automatically follow
the new NCG01 permit and will not need to fill out an NOI or pay an annual
permit fee. However, the responsible party should have a copy of the new
permit on site.
Will DEMLR offer tools to help permittees comply with the new NCG01?
Yes, DEMLR will provide two sample plan sheets at decI-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 NOI submittal and COC process work?
Permittees will apply for their E&SC Plan approvals from either DEMLR or
the delegated local E&SC program like before. The approval letter will
instruct the permittee to visit deq.nc.gov/NCGO1 to submit an electronic
NOI form to DEMLR. A COC will be issued within three business days.
Then, the permittee will be responsible for printing a copy of the permit
and retaining it on site. Initially, the COC will be issued for free but on or
around May 1, 2019, a $100 annual general permit fee will be charged.
Who is allowed to submit an NOI form?
NOls may be submitted by the officer, manager, or sole proprietor of the
financially responsible organization.
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 the plan is closed out,
the permittee will visit deci.nc.gov/NCG01 to submit an electronic 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.
What will happen if an NOI is not submitted for a construction site?
If a construction site that disturbs one acre or more fails to submit an NOI
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 electronic NOI to DEMLR.
W
Local programs are not required to
check if permittees have submitted
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 NOls.
When local programs close out an E&SC
Plan, the close-out letter will advise
permittees that they must submit an
electronic 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 approvals
will not relieve permittees from
meeting NCG01 requirements. If they
have the legal authority, local programs
CAN require that the E&SC Plans they
approve adhere to NCG01 standards.
DEMLR appreciates the support and
assistance from local programs during
the transition to the new NCG01.
Cl1-: = �:E: -;,,_, ;; ; .: F;.; _� ::. Contact Annette Lucas at [phone] or ar nette.lL1cas_?ncdertir. ay,