NCC203179_ESC Approval Submitted_20200728

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
April 8, 2019
LETTER OF APPROVAL WITII MODIFICATIONS
AND PERFORMANCE RESERVATIONS
City of Wilmington
ATI NM Sterling Cheatham, City Manager
PO I3ox 1810
Wilmington, NC 28402
RE: Project Name: North Waterfront Park — [EXPRESS]
Acres Approved: 7.33
Project ID: NEWHA-2019-020
County: New Hanover
City: Wilmington
Address: 10 Cowan Street
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Adam Pike, PE, Stewart
Date Received by LQS: April 3, 2019 and April 8, 2019
Plan Type: Other
Dear Mr. Cheatham:
APR g 2019 p
ENGIAiEERING
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 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 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
NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to
the commencement of any land disturbing activity on the above named project. The NOI form
may be accessed at deq.nc.gov/NCG0 1. Please direct questions about the NOI form to Annette
Lucas at Annette.lucas.c nedenr.gnu or Paul Clark at Paul.clark,c nedenr. ov. 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 NCGO1 permit. However, on or
after June 1, 2019, a S100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
,r,-4-.DE� �� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Larrd Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
O! NiTil CAiYJV w
910.796.7215

Letter of Approval with Modifications and Performance Reservatios
City of Wilmington
April 8, 2019
Page 2of4
Title 15A N CAC 4B .0118(a) and the NCGOI permit require that the following documentation be
kept Dale at the job site:
-'3 ,� T
1. The approved E&SC plan as well as any approved deviation.
2. Tfte NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
AIso, this letter gives the notice required by G.S. I I3A-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, 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. Please notify us if you plan to
have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Assistant Regional Engineer
Land Quality Section
Enclosures: NCGO1 Fact Sheet
NCGOI Ground Stabilization And Materials Handling Plan Sheet
NCGOI Self -Inspection, Recordkeeping and Reporting
cc: Adam Pike, PE, Stewart
421 Fayetteville Street, Suite 400, Raleigh, NC 27601

t better of Approval with Modifications and Performance Reservatios
City of Wilmington
April 8, 2019
Page 3 of 4
-I,IODIFICATIONS ALAI) PERFORMANCE RESERVATIONS
Project Name: North Waterfront Park
Project 1D: NE' HA-2019-020
County: New Hanover
1. 'hhis 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.
2. The developer is responsible for the control of sediment on -site. If the approved erosion and
sedimentation control measures prove insufficient; the developer must take those additional steps
necessary to stop sediment from leaving this site (NCGS 113A-57(3)). Each sediment storage device
must be inspected after each storm event (NCGS 1 13A-54.1(e)). Maintenance and/or clean out is
necessary anytime the device is at 50% capacity. All sediment storage measures will remain on site
and functional until all grading and final landscaping ofthe project is complete (15A NCAC 04B .0113).
Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed
development unless otherwise noted. The removal of vegetation within any existing ditch or channel
is prohibited unless the ditch or channel is to be regarded with side slopes of 2 horizontal to I vertical
or less steep (I5A NCAC 04B .0124 (d)). Bank slopes may be mowed, but stripping of vegetation is
considered new earth work and is subject to the same erosion control requirements as new ditches
(NCGS 113A-52(6)).
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 our agency's Stormwater regulations and the Division of Water Resources' enforcement
requirements within Section 401 of the Clean Water Act, the U.S. Army Corps of Engineers'
jurisdiction of Section 404 of the Clean Water Act, the Division of Coastal Management's CAMA
requirements, the Division of Solid Waste Management's landfill regulations, the Environmental
Protection Agency and/or The U.S. Army Corps of Engineers jurisdiction of the Clean Water Act, local
County or Municipalities' ordinances, or others that may be required. This approval camiot 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 highland would still have to be in
compliance with the N.C. Sedimentation Pollution Control Act.
If 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
(DWR), the Corps of Engineers and the Environmental 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 Land Quality Section must be notified of a relocation
of the 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
Land Quality Section regional off -ice so that an adequate contingency plan can be made to assure sufficient
erosion control remains on site. Pailure to do so will be considered a violation of this approval (NCGS
l 13A-54. l (b)).

Letter of Approval with Modifications and Performance Reservatios :j ~'
City of Wilmington
April 8, 2019
Page 4 of 4
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source.
Any soil waste that leaves this site can be transported to a permitted mine or separately permitted
construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would
have to be included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 7.33 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan, would
also require a revised plan to verify the appropriateness of the erosion control measures and stormwater
retention measures (NCGS I I3A-54. I (b)).
& The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum Of
eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts
for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning
& Design Manual 6.63, Rev. 6/06).
9, Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion
control devices on this project, it is necessary that the traps and basins and their collection systems be
installed before any other grading takes place on site, and that every structure that receives more than One
acre of drainage is built so that each dewaters only from the surface (NCG010000). if that proves to be
impractical, a revised plan must be submitted and approved that addresses erosion and sediment control
needs duringthe interim period until the traps and basins are fully functioning (113A-54.1(b)).
10. A graveled construction entrance must be located at each point of access and egress available to construction
vehicles during the grading and construction phases of this project. Access and egress from the project site
at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance
of the entrances is critical (I 13A-54.1(b)).
I I . As a condition of the NPDES General Stormwater Permit (NCGOI 0000), the financially responsible party
shall comply with the provided NCG01 Ground Stabilization And Materials Handling requirements that
became effective April 1, 2019.
12. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party
shall comply with the provided NCGO1 Self -Inspection, Recordkeeping and Reporting requirements that
became effective April 1, 2019.
13. As a part of routine monitoring of the approved land -disturbing activity, the financially responsible party
shall assure inspections of the area covered by the approved plan after each phase of the plan has been
completed and after establishment of temporary ground cover in accordance with North Carolina General
Statute 113A-54.1(e).

Fact Sheet on the New NCGO1 Permit
April 2019 EQ'
p
The NC Construction General Permit (also known as "NCG01") was renewer! 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 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);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);z
• 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&5C: 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 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 e-NOI (available at deq.nc.gov/NCG01). The e-N©I 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 §143-21S.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 N0001
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 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 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 NCG01?
Yes, DEMLR will provide two sample plan sheets at deg.nc,gov/NCGO1 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 deq.nc.gov/NCG01 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.13.6 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 deg.nc.gov/NCGO1 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 a-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.
* Or 24 business hours for a project
approved under the DEMLR Express
review program.

�9
P,n
c_c
� m
v
p _ Y. y
o ❑
�
n
o
3 x
o E o o z o Z
a �z°qw
n
n
a v
z F_
u N
w
..,
=
Ivc
m
m
nm
❑
]
d �
v' X' rni nC5
� n n
° � a
a
m
-

u6-` c E
> v °
E
c �
o��'w '�. �'�b `X E
a c n _ � z ooC[ '.� i - yCEi `u 'o-i S�Nu��u'o •[.cm a to
a{,`a3Mc` 8a
1, ° o oC `c r E � �-co O�$No L•L `En33 k3 «`"s3 �',�3 c�.�a°no3
� �EaE rv�s�; cam ,p -�❑�na E j
r. v
v
W
_ p
z.V y7 P rc a� c` z o � o aE _„Di -=^a bra z✓„Er ��
N
u t
3 m
O c
$ r u a
E�"=
a o rro
m .6
= 0 o
d
O, a°
x❑ '�
> v m n Ya �"�
� gavui
n
� o •L
_L' d
a �
2 � oL
w a j Y c`
nE z v
o r
m o
V -
° v
a L g a„ t 77
a" " d° t u i
G u = a
1.
'V°a U a
H
y a'
a
❑ E� n of
sr n c v n>-° ro° Yn
tea.`-°o
may
4
V
�
en o
Y9L
��'q�€oa
E pow gn
awn
aPI-Ec
c
c =
u
pn.. n3
c? n
-'
a `•.EC
E
°vro
°iS
E
g $:
e a g a F[
:.
• E
p
o a 5 n a'
c
=
93
ct� r
`uE E �
'o
`u6
o o s
-
i3E
m ,n
a'4i .YiaFa
car°'
c s
a
o9d
oz9F9c`o`iKiEF�1�iFa%°E;i3v
-
o mo._ ar
oo
Eg
a5-en
a�`ooi
„g "aoe
Er
Ly#
c �i
AGM
a
inn a3 oea3