NCC204481_ESC Approval Submitted_20201013

ROY COOPER
Governor
MIICHAEL S. REGAN
Secretary
Brian Wrenn
Acting Director
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NORTH CAROLINA
Environmental Quality
July 15, 2020
LETTER OF APPROVAL
Mustard Seed Chesterfield, LLC
Attention: Tommy Brogden, President
4107 Range Road
Stem, NC 27581
RE: Project Name: Lightning McClean Carwash
Project ID: FORSY-2021-002
Total Acres: 3.4
County: Forsyth
River Basin: Yadkin -Pee Dee
Project Location: Birch Ln - Kernersville
Submitted By: FEI
Date Received by LQS: July 15, 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 "NCGO 1 ") 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://deq.nc.gov/about/divisions/energy-mineral-land-resources/enerjzy-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 Sink
Assistant Regional Engineer
Land Quality Section
Cc:
FEI
8518 Triad Dr
Colfax, NC 27235

A

Fact Shoot on the New NC0`01 Permit
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The NC Construction Generat Permit (also.known as 'INCS011twas renewed on A0,11 1,, Z019. The updated permit,
does not stgntticantly thange the measures that are required to be Implemented On cob'struction sites. However,
there are some organizational arid.,teclinical updates to thepermit as described Wow, Most notably, there Is a new
process in which construction sites will obtain Official coverage under an NCG011 permit through an etectronlc
process. DIEWR worked with a broad.team of stakeholders to make all of -these updates. if you, have questions,
Updates ^ '
The new permit,.,
Repeats state requirements for E&SC.
'Plans and organizes them with. federal
construction activityrequirements;
^is clearly bytopic; and
Has less text and more tables.
Technical Updates
The new permit:
9 Requires that the E&SC Plan meet.
s f items that Must be
Rjb the SWPPP, such as the
pon sequence, plans,
* Ha lited language on bypasses and
up
at is tailored to construction
wPuts all tin`eframeofor inspections,
record -keeping and reporting hn
"calendar days." for clarity and
consistency (p^12-l4);'
* Changes the inspection frequency
(during business, hours) to at least
once per 7calendar 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. aotiv|tia�take
place (p`23)-
� This list isbased onwebsteguidance
bythe, OEMLRSediment Program,
� The number pfcalendar days was
selected tobeosequ|va|entas
possible with the previous permit.
� The intent istuprovide predictability
tothe inspection schedule,
Acronym to Know
COQ Certificate of Cov4rage, proof ofcoverm0munder anNCG0lpermit
yfMLR:NCDIVI'skonxf Emwr0y, Mineral, and Land Resources
8&SC: EromionW& Control '
e-ri- I Notice of Intent,, applic-atiory form for the NC.Gql permit
e-;N6T-:, Notice of Terrniri;atjori form- for closing out the NCGG1 permit
required by the NCG01,
F, StormwaterPollution Prevention Plan,
The NCGOI
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 NCGOlprocess, construction sites will continue to
receive approval for0&SC Plans from either DEMLRorthe delegated,
|ocal-E&SCprogram just like before., After receiving E&SCPlan approval,
permbtees.will officially obtain coverage under the NCGO1by
completing ane-ND|(available ot Thae~NO|vv|U
only take about 2Ominutes tofill out and submit on-line.
Initially, there will benocharge associated with applying for anNCGO1 |
permit but unoraround June 2,20l9,DEN1URvv|Ubegin charging a$1OO �
annual general permit0eenurequiredper@143-%15,3D.
DEMLR is working on creating o single application form that will allow an �
upp|icanttosimultanemus|yapplyforanE&SCpermitandanNCGOl �
COCThat effort � part of larger Permit project at
. �

QM About the New NCG01 Permit
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. 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
rtew NCGO1 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 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 either DEMLR or the
delegated local E&SC program Like before. The E&SC approval letter will
instruct the permittee to visitt deg. ne,gov/NCGO1 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-i '01'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
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/NCGQ1 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 cif 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
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-NOls.
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 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 NCG01 permit.