NCC200345_ESC Approval Submitted_20200130

ROY COOPER
Gcvetnor
MICHAEL S. REGAN
.Sevretary
S. DANIE.L SMITH
toteri'm Director
Cross Creek Anchor S. L. P.
Curt Hammontree, VP Development
419 Cross Creek Mall
Fayetteville, NC 28303
NORTH CAROLINA
Environmental Quality
January 6, 2020
LETTER OF APPROVAL
RE: Project Name: Cross Creek Mall — Sears Redevelopment
Acres Approved: 20.38
Project ID: CUMBE-2019-115
County: Cumberland, City: Fayetteville
Address: Skibo Road
River Basin: Cape Fear
Stream Classification: Other
Submitted by: Todd Gingerich
Date Received by LQS: December 9, 2019
Plan Type: Commercial
Dear Mr. Hammontree:
� AN 14 2W
JAN 0 6 20ZO
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 shall expire three (3) years following the date of approval, if no land
disturbing activity has been undertaken, as is required by Title 1SA NCAC 413.0129.
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 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 NOI form may be accessed at
deq.nc.gov/NCG01. the NOI form to Annette Lucas at [e-mail] or Paul Clark at
Paul.clarkPncdenngov. 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_� Q
�� i North CarcrlRira Department of Environmentals Quafty E tJivisio�Y of one€'yy, Mineral and Land Resources
ayettevil[e Region al office ; 225 Green Street, Suite 714 Fayetteville, North Garobna 28301
�varsmKm ur cmiran3r ;x: ou>aitr 910.43.3.3:300

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 insure
compliance with the approved plan.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file at the job
site. 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 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 applyto 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. 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. 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.
Sincerely,
Chris Baker
Assistant Regional Engineer
DEMLR - Fayetteville Regional Office
Enclosures: Certificate of Approval
cc: Todd Gingerich, P. E., Civil & Environmental Consultants, Inc. electronic copy
Michael Baily, City of Fayetteville Permit Office — electronic copy
Fayetteville Regional Office

Fact Sheet on the New NCG01 Permit
D Q�zi
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 constructipn 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 [phone].
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);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
"calendar days" for clarity and
consistency (p. 11-14);'
• 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.
3 The intent is to provide predictability
to the inspection schedule.
Acronyms to know
COC: Certificate of Coverage, proof of coverage under an NCG01 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCG01 permit
e-NOT: Notice of Termination, form for closing out the NCG01 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
The NCG01 Process
The new NCG01 applies to permits approved on or after April 1, 2019.
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 N01 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 e-N01 (available at deg.nc.gov/NCG01). The e-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 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 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 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-NOI processes, but that will
take more time. For now, DEMLR has created an efficient e-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 NCGO1 permit, but will not 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/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 either DEMLR or the
delegated local E&SC program like before. The E&SC approval letter will
instruct the permittee to visit deq.nc.gov/NCGO1 to submit an e-NOI form
to DEMLR. The permittee may begin the construction activity after
submittal of the e-NOI. 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 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
NCG01 permit. Additional signatory options are set forth in IV.B.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 deq.nc.goy/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-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 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
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 e-NO1 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-NOIs.
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 NCGO1 permit.