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NCC203309_ESC Approval Submitted_20200804
ROY COOPER Governor MICHAEL S. REGAN Secretary Brian Wrenn Acting Director July 24, 2020 LETTER OF APPROVAL Clayton Properties Group, Inc. Attention: Brian Shugart Asst Secretary 221 Jones Town Road Winston-Salem, NC 27104 RE: Project Name: Watkins Landing Phase 2 Project ID: FORSY-2020-035 Total Acres: 24.32 County: Forsyth River Basin: Yadkin -Pee Dee Project Location: Teague Ln - Kernersville Submitted By: Labella Associates Date Received by LQS: June 25, 2020 Plan Type: Residential — Regular — 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. Be advised the NC Construction General Permit (also known as "NCGO 1 ") was renewed on April 1, 2019. The updated permit does not significantly change the measures that are required to 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 r 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://deq.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 (336) 776-9800. Your cooperation in this matter is appreciated and we look forward to working with you on this proj ect. Sincerely, Scott Sink Assistant Regional Engineer Land Quality Section Cc: Labella Associates 615 St. George Court Suite 300 Winston-Salem, NC 27103 Fad Shoot on the New NCGO1 Permit April 2019' The NC ConstructiOn General Permit (also known as INCGOIJ was renewed ciA APHI 10 2019. The updated permit does nit , gp -a e on co sites] However, t sl . 111cantly 6ange the measures that are, requfre� to be imptern nt d bstructiorv_f there are some organizational and, technical Updates to the permit as described Wow, Most notably, there, Is a new processin, which construction sites wfll obtain official coverage under an NCGO11 permit through an efedrohlc process., DEMUR worked with, a broadteam of stakeholders tQ make, all of -these, updates. If you have questions, contact Annette Lucas at &n_netMJucaJj2ncdgnr&o_v or (919) 707.3639, Organiz itional Updates The new permitt, • Repeats state requirements for E&SC. Plans and organizes them with federal construction activity requirements- • is clearly organized by topic; and • Has.fess text and more tables. Technical Updates The new permit: • Requires that, the E&SC Plan meet SWPPP requirements (p., 2); • Provid, 5 a list of items that Must be: h the: SWPPP, such as the Jon sequence, plans, c "Ans, etc. (p. 2-4)) * Mas up te language on bypasses and Opsett,. , that is tailored to construction activitles-. (p. 10)' * Puts all timefrarnes 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). This list is based on website guidance by the. DEMLR Sediment Program. The number of calendar days was selected to be as equivatent as possible with the previous permit. The intent is to provide predictability to the 'Inspection schedule-.. Acronyms to Know COO Certlflcate� of Coverage, proof of coverage under an NCG01 permit DfMLR- NC Division of Energy, Mineral, and Land Resources MSX; Erosion & Sedimentation Control e-NOI: Notice of Intent, application form for the NC.GQ1 permit e,.;Nd'r.,. Notice of Termination, form, for closing out: the NCGGI permit SW ,,PP,,P-. Stormwatgr Pollution Prevention Plan, required by theNCGO1. The NCGO1 Process The new NCGOI applies to permits approved on or after April 1, 2019. Permittees will nolonger., receive a copy of the NCGO1 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 i construction project and issue each construction project its own COC. 1. Under the, new NCGO1 process, construction sites will continue to receive approval for E&SC Plans from either DEMLR or the delegated locaVE&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-NCI will only take about 20 minutes to fill out and wbmit on-line. Initially, there will be no charge associated with applying for an NCGO1 permit but on or around June 1, 201�, 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 NCGO1 COC, That effort is part of a larger Permit Transformation project at DEMLR,. Q&A About the Now WCG01 Per'ft 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 ©r more, DEMLR is working to create a form that combines the E&SC plarr approval and a-NOI processes, but that will take more time. For now, DEMLR has created an efficient e-Nal process. If an E&SC Plan is approved before April 1, which pernnit applies? Projects with already approved E&SC Plans will automatically follow the new NCG01 permit, but will not need to fill out an e-NOi or pay an annual permittee. 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 deq_nc.goy/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 6-N011 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 approvalletter will instruct the permittee to visit deg.nc.gov/NCG01 to submit an e-NOI form to DEMLR. The permittee may begin the construction activity after submittal of'the e-N`Ol; 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 -NO, 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.8.6 of the NCG01 permit. Additional signatory options are set forth in IV.8.6 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/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-NOl 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 focal E&SC Programs? Locale programs wilt continue to review and approve E&SC plans. However,. they with no longer send' 001es of the NCGO1 with E&cSC Plan approvals. DEMLR will provide sample language to use in local E&SC Plan approvals to advise permittees that they must 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 Fist 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, ae� -,.0 ►—* PO w �� •� z c� •®&A PIZ °4W4 woo .� °"o •� a� 4