NCC202006_ESC Approval Submitted_20200515

County of
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PLANNING AND DEVELOPMENT
Nathan Pennington 46 Valley Street Telephone/ /
DirectorPlanning
Erosion and Sedimentation Control
Telephone: [phone]
LETTER OF APPROVAL
WITH MODIFICATIONS AND/OR PERFORMANCE RESERVATIONS
May 17, 2019
The Broadway Group, LLC
Attn: Kristyna Moore
P O Box 18968
Huntsville, AL 35804
Ms. Moore,
This office has reviewed the Erosion and Sedimentation Control Plan submitted for the project listed below. We find the
plan to be acceptable with the attached modifications andlor performance reservations and hereby issue this Letter of
Approval. Please be advised that Section 26-228 requires that a copy of the approved Soil Erosion Control Plan be on file
at the job site.
The Buncombe County Soil Erosion and Sedimentation Control Ordinance is a performance oriented program requiring
protection of the natural resources and adjoining properties. If, following commencement ofthis project it is determined
that the plan is inadequate, this office may require revisions to the plan and its implementation. The approval for this
project is good for the time frame stated on the original land disturbing permit. This permit shall become null and
void if you have not made progress to begin construction activities on the site within six months after the date of
approval. Renewal of the land disturbing permit will require a new plan review submittal with associated fees.
The approval of an erosion plan is conditioned on the applicant's compliance with federal and state water quality laws,
regulations, and rules. A copy of the erosion control plan for any land disturbing activity that involves the utilization of
ditches for the purpose of de -watering or lowering the water table must be forwarded to the director of water quality.
*As ofApril 1, 2019, all new construction activities are required to complete mid submit an electronic Notice oflntent
(NOI) for requesting a Certificate of Coverage (COC) under the NCG01000 Construction Stormwater General
Permit. This form MUST be submitted prior to the commencement of any land disturbing activity on the below
named project. The NOI form may be accessed at deg, nc.gov17VCG01. Please direct all questions about the NOI form
or the process to Annette Lucas at Annetteducas�ncdenngov or Paul Clark at Paul.clark(ancdenn.aov. Initially,
DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or after May], 2019, a $100 fee
will be charged annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh and is not
collected by this local program. Once the NCG01 permit has been completed and approved by DEMLR, a project
permit number will be given for thisproject that must be written on the Buncombe County Laid Disturbing Permit,
which must be on site throughout the construction phase of the project.
When the project is complete, the financially responsible parry or their representative will contact Buncombe County
Erosion and Sedimentation Control Office to close out the Erosion and Sedimentation Control Plan. A Certificate of
Compliance will be issued for the project once the site meets the requirement as stated in the original Letter of
Approval and standards stated in the Buncombe County Soil Erosion and Sedimentation Control Ordinance. The
responsible party will then be instructed to visit deg.nc.ffov17VCG01 to submit an e-NOT (electronic Notice of
Termination) form for closing out the NCG01 permit. Please refer to the attached NCG01 Fact Sheet.

Page 2
A Combined Self -Monitoring and Self -Inspection Form for the NCGO1 is enclosed. Please review all pertinent
documents prior to starting construction. We look forward to working with you on this project.
Si eere ,
Do u
g Sharp
Erosion Control Officer
cc:
Project name: Old Mars Hill Highway Retail Store
Location: Old Mars Hill Highway
Date received: May 10, 2019
Date approved: May 17, 2019
Permitted Disturbance: 1.35 Acres
Person financially responsible: the Broadway Group, LLC / I'ristyna Moore
MODIFICATIONS AND/OR PERFORMANCE RESERVATIONS FOR
Contractor or owner must contact Buncombe County Erosion Control Office to schedule an on -site
pre -construction meeting prior to beginning any grading activity.
Contractor must have a copy of the latest set of plans marked "Construction Documents" and
showing any revisions and/or details. Approved plans must be available at the construction site at
all times for inspection by inspectors and any other governing regulatory agent.
A copy of the Erosion Control Permit, a copy of the Letter of Approval with Modification and/or
Performance Reservations, and a copy of the Combined Self -Monitoring and Self -Inspection Form
must be available on -site in a job box or contractor's trailer at all times. These documents must be
reviewed and understood by all parties involved prior to any land disturbing activities. A working
rain gauge must also be present and installed at the site for monitoring.
Contractor to insure that any import or export material be from a permitted site.
Erosion control measures must be installed in accordance with the approved engineering plans and
maintained at all times. Alternate measures must first be approved with the engineer of record and
regulatory site inspector prior to installation.
Areas of construction left bare for more than 21 days without temporary ground cover could delay
building construction inspections and cause possible delays in issuance of building occupancy
letters.
Notification must be given to this office for inspection at the completion of site stabilization of the
project prior to the removal of any perimeter/pertinent erosion control measures at the site.
Clearing limits for grading must be clearly delineated in the field as shown on the approved
engineering plans. Any additional clearing or land disturbing activity that disturbs the ground
surface outside of those limits will constitute a violation of the County's Ordinance and will be
subject to penalties.
Additinnal Prncinn enntrnl mPnenrPQ and RMP dovieec will hp rennirPrl if annrnvi-d mPnenrPQ arP

not sufficient to contain and control sediment and runoff on the project site. Additional measures to
help control and reduce on -site runoff during construction will be discussed at pre -construction
meeting.
Page 3
Erosion control measures must be inspected and repaired if needed on a regular basis and
maintained at all times. Failure to maintain erosion control measures can result in delayed building
inspections, revocation of permits or possible civil penalties.
Approval of this project is in accordance with the requirements set forth by the Binicombe Count) Soil Erosion and
Seditnentation Control Ordinance and information provided in the approved construction plans, construction
sequence, construction details, and documentation. Any modification of this approval in regards to soil erosion and
sedimentation control must be made aware to the Baincombe County Erosion Control Office prior to any changes.

Buncombe County Government
Planning and Development
46 Valley Street
Asheville, NC 28801
Nathan Pennington
Planning Director
Telephone [phone]
Fax [phone]
Erosion and Sedimentation Control
Telephone: [phone]
LAND DISTURBING PERMIT
NUMBER: ER02019-00025
NCGO1 COC#:
PROJECT NAME: Old Mars Hill Highway Retail Store
LOCATION: Old Mars Hill Highway
RESPONSIBLE PERSON: The Broadway Group, LLC / Kristyna
Moore
THIS CERTIFIES THAT A LAND DISTURBING PERMIT HAS
BEEN ISSUED FOR THE CONSTRUCTION WORK SET OUT
ABOVE.
Doug Shaio
Erosion Control Officer
THIS CERTIFICATE MUST BE POSTED AT THE CONSTRUCTION SITE IN A
SECURE PLACE FROM THE TIME WORK IS COMMENCED UNTIL EROSION
CONTROL INSPECTOR GIVES FINAL APPROVAL.
A COPY OF THE EROSION CONTROL PLANS AND APPROVAL LETTER MUST BE
AVAILABLE FOR THE INSPECTORS USE AT ALL TIMES.
Issued: May 17, 2019
Permit expires: May 17, 2024

Fact Sheet on the New NCGO1 Permit Z,-D-E
March 2019
.. v.
The NC Construction General Permit (also known as "NCG01") was 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. 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);'
• 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.
3 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
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 March 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-NOI (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 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 e-NOI processes, but that will take more time. For now, DEMLR has
created an efficient e-N01 process.
If an E&SC Plan is approved before March 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-N01 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 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-N01 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 deg.nc.gov/NCG01 to submit an e-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 a-NOI form?
The officer, manager, or sole proprietor of the financially responsible
organization may submit e-NOls.
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 deg.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.
What will happen if an a-NOI is not submitted for a construction site?
If a construction site 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 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
submitan e-NOI 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 NCG01 permit.

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