NCC233802_ESC Approval Submitted_20231222

Ns STAuE'cr'
ROY COOPER
Governor
ELIZABETH S. BISER
r.
Secretary " `�+QH,
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
November 9, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
Panda Express, Inc.
Attention: Derek Knight, Director
1683 Walnut Grove Avenue
Rosemead, California 91770
RE: Project Name: Panda Express
Project ID: CABAR-2023-083
Acres Approved: 1.50
County: Cabarrus
City: Kannapolis
Location: Sportsman Drive
River Basin: Yadkin-PeeDee
Stream Classification: Other
Submitted By: Ingenium Enterprises, Inc.
Date Received by LQS: November 3, 2023
Plan Type: Revised
Dear Mr. Knight:
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:
North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115
rt.+r 704-663-1699

Letter of Approval with Modifications
Panda Express, Inc.
November 9, 2023
Page 2 of 3
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 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 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 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,
•
Mena Awad, PE
Assistant Regional Engineer
Land Quality Section
MA
Enclosure: Certificate of Approval
Modifications Required for Approval
NCGOI Fact Sheet
c: Ingenium Enterprises, Inc
Attention: Jeremy M. Pettit, PE
19445 Shumard Oak Drive, Suite 102
Land 0 Lakes, Florida 34638
Qs), North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115
r..rrar� ." 704-663-1699

Letter of Approval with Modifications
Panda Express, Inc.
November 9, 2023
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Panda Express
Project ID: CABAR-2023-083
County: Cabarrus
Reviewed by: Mena Awad, PE
1. The revised plans still do not show additional measures during the grading phase as mentioned in the
disapproval letter dated July 19, 2023. However, the construction schedule shown on Sheet C06.0
shows that the grading to start first before installation of the storm sewer system. If the intention is to
use the storm sewer system as measure controls during the grading phase,the construction schedule
should be revised to clearly reflect the right sequence. Clearly add the installation of the retaining
walls and the pond to your construction sequence. Submit revised sheet of C06.0 reflecting that
correction.
2. 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]
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
North Carolina Department of Environmental Quality Division of Energy,Mineral,and Land Resources
_ Mooresville Regional Office 610 East Center Avenue,Suite 301 Mooresville,North Carolina 28115
4.00." 704-663-1699

Fact Sheet on the New NCG01 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 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 [e-mail] or(919)707-3639.
Organizational Updates Acronyms to Know
The new permit: COC: Certificate of Coverage,proof of coverage under 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 NCGO1 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
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);1
• 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 The NCG01 Process
"calendar days"for clarity and The new NCGO1 applies to permits approved on or after April 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 NCG01 by
place (p. 23). completing an e-NOI (available at deq.nc.gov/NCGO1). 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 June 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.

Q&A About the New NCG01 Permit
Why do construction sites have to do this extra application step? How does the new NCGO1 affect the
DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs?
site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review
that combines the E&SC plan approval and e-NOI processes, but that will and approve E&SC plans. However,
take more time. For now, DEMLR has created an efficient e-NOI process. they will no longer send copies of the
NCG01 with E&SC Plan approvals.
If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to
Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to
new NCG01 permit, but will not need to fill out an e-NOI or pay an annual advise permittees that they must
permit fee. However,the permittees should print the new permit and the submit an e-NOI to DEMLR.
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCGO1? .t j
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 -4`
and materials handling portions of the permit. The second sheet covers • + +h
the inspection, record-keeping and reporting portions of the permit. ` ''
How will the new e-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 deq.nc.gov/NCG01 to submit an a-NOI form to DEMLR. Local programs are not required to
The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e
(within three days*).The permittee must print and retain a copy of the NOls to DEMLR. However, if they wish
permit and the COC on site. Initially, the COC will be issued for free but on to do this voluntarily,there will be a
or around June 1, 2019, a $100 annual general permit fee will be charged. tool available on DEMLR's web site for
them to view a list of construction
Who is allowed to submit an a-NOI form? projects that have submitted e-NOls.
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president, secretary,treasurer, or vice When local programs close out an E&SC
president or a manager that is authorized in accordance with IV.B.6 of the Plan,the close-out letter will advise
NCG01 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e
permit. It is possible for consultant to prepare the e-NOI, save it as a draft, NOT. DEMLR will provide sample
and email it to the responsible entity for signature&submittal. language.
Local programs may approve E&SC
What happens to the COC when the construction activity is complete? plans that meet state sediment laws
When a project is complete, the permittees will contact DEMLR or the local and rules even if those plans are not
delegated program to close out the E&SC Plan.After DEMLR or the local compliant with all of the NCG01
E&SC program inform the permittee of the project close out via inspection requirements. However, their
report,the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT. permittees will be required to add two
Will there be a grace period for adherence to the new process? plan sheets(which will be provided by
DEMLR does not have the authority to grant a grace period from a DEMLR)to their E&SC Plans to ensure
federally mandated permit. Permittees will be informed of the new that they fully comply with the ground
process via web site, E&SC Plan approval letters and list servs. If a stabilization, materials handling, and
construction activity disturbs one acre or more (or is part of common plan inspection, record keeping and
of development that disturbs one acre or more)fails to submit an e-NOI reporting portion of the NCGO1 permit.
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. *Or 24 business hours for a project
approved under the DEMLR Express
review program.

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