NCC203069_ESC Approval Submitted_20200729

ROY COOPER
Governor
NUCHAEL S. REGAN
Secretary
Brian Wrenn
Acting Director
NORTH CAROLINA
Envtronmental Quality
July 15, 2020
LETTER OF APPROVAL
I-40 Drive -In, LLC
Attention: William G Talley, Manager
PO Box 872
Graham, NC 27253
RE: Project Name: Graham Drive In
Project ID: ALAMA-2021-011
Total Acres: 19
County: Alamance
River Basin: Cape Fear
Project Location: Kronbergs Ct - Graham
Submitted By: LEADS Group
Date Received by LQS: July 14, 2020
Plan Type: Commercial — Express - New
This office has received a soil erosion and sediment control plan for the project listed above
which was submitted as required by the North Carolina Sedimentation Pollution Control Act
(G.S. 113A-57 (4)).
The Act requires that all persons disturbing an area of one or more acres of land must obtain
approval of a soil erosion control plan prior to the commencement of the land -disturbing activity
(G.S. 113A-54(d) (4)). The Act further states that this plan must be filed a minimum of 30 days
prior to the activity and the approving authority must approve or disapprove the submitted plan
within 30 days of receipt. Failure of the approving authority to approve or disapprove the
submitted plan within the 30-day period will be deemed approval of the plan.
Commencement or continuation of a land -disturbing activity under the jurisdiction of this Act
prior to the approval of an erosion and sediment control plan is a violation of the Act.
The approval of an erosion and sediment control plan is conditioned on the applicant's
compliance with Federal and State water quality laws, regulations and rules. Please note
additional information may be requested during the review of your ESC plan, and ESC plans are
reviewed in the order received.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105
�" 336-776-9800

Be advised the NC Construction General Permit (also known as "NCGO1") 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. Most notably, there is a new process in which construction sites will obtain
official coverage under an NCGO1 permit through an electronic process, after the soil erosion
and sediment control plan approval is issued. For assistance and guidance with the revised 2019
NCGO1 (Construction Stormwater General Permit NCGO10000) as adopted on April 1, 2019,
please use the following link:
https://deg.nc. gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
permits/stormwater-permits/construction-sw
If you have questions, please do not hesitate to contact our office at [phone]. Your
cooperation in this matter is appreciated and we look forward to working with you on this
proj ect.
Sincerely,
Scott Si
Assistant Regional Engineer
Land Quality Section
Cc:
LEADS Group
505 E. Davis St
Burlington, NC 27215

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Fact Sheet on the New NCGO1 Permit
Apol 2019
The NC Construction General, Permit (also known as "NC6011 was renewed on April 1, 2019. The updated permit
does not significantly ithange 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 Annette.lucasjRncdenr.gov or (9.19) 707-3699.
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,
Qi~MLR: NC Division of Energy, Mineral, and Land Resources
Plans and organizes them with federal
EASC; Erosion & Sedimentation Control
construction activity requirements;
a-NOI: Notice of Intent, application form for the NCG41 permit
• is clearly organized by topic; and
a=NI T: 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)1-3
. Has updated language on bypasses and
upsets, that is tailored to construction
activities (p. 10)
• Puts all timeframes for inspections
The NCGO1 Process
record -keeping and reporting in
"calendar days" for clarity and
The new NCGOZ applies to permits approved on orafter April 1, 2019.
consistency (p,. 11-14);2
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 Feast
permit. Federal rules require that DEMLR receive an NQI 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 03
inch);3 and
Under the new NCGO1 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 NCGO1 by
place (p. 23).
completing an e-NOI (available at dec1.nc.gov/NCG01). The e-NQI will
only take about 20 minutes to fillout and submit on-line.
This list is based on website guidance
initially, there will be no charge associated with applying for an NCGO1
by the DEMLR Sediment Program.
permit but can or around' June 1, 2019, DEMLR will begin charging a $100
2 The number of calendar days was
annual general permit fee as required per §143-215,31).
selected to be as equivalent as
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 NCGO1
to the inspection schedule,
COC, That effort is part of a larger Permit Transformation project at
DEMLR.

Q&A About the Now NCG01 Perm It
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 a-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 MSC Plans will automatically follow the
new NCGO1 permit, but will not need to fill out an a-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/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 CAC 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 deo,nc.gov/NCG01 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 e-N©I'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 deg.nc.gov/NCG41 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 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 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-NQIs,
When local programs close out an E&SC
Plan, the close-out Fetter 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 NCGO1
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.