HomeMy WebLinkAboutNCC205212_ESC Approval Submitted_20201116September 21, 2020
LETTER OF APPROVAL
Craig and Ferondo Moore
Church's Chicken- 244 South Marine Blvd.
303 Bell Fork Road
Jacksonville NC 28546
RE: Church's Chicken
Acres Approved: Total Acres 1.37 Disturbed 1.13
Project ID: 20-1506
County: Onslow
City: City of Jacksonville
Address: 244 South Marine Blvd.
River Basin: White Oak/New River Stream Classification: NSW SC
Submitted By: Danielle Danzing — Kimley-Horn
Date Received by: June 8, 2020 Complete Application Date: September 21, 2020
Plan Type: Soil and Erosion Control
Dear Mr. Moore,
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. The enclosed Certificate of Approval
must be posted at the job site. This plan approval shall expire three (3) years following the date
of approval, if no land -disturbing activity has been undertaken, as is required by
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/NCGOL Please direct questions about the NOI form to Annette
Lucas at Annette.lucas&ncdenr.gov or Paul Clark at Paul.clarkgncdenr.gov. 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 NCGO 1 permit. However, on or
after August 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation
be kept on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Letter of Approval
Craig and Ferondo Moore
September 21, 2020
Page 2 of 2
Also, this letter gives the notice required by of our right of periodic inspection
to insure 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 insure 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,
Pat Donovan -Brandenburg
Stormwater and Soil/Erosion Control Manager
City of Jacksonville
Enclosures: Certificate of Approval
NCGO1 Fact Sheet
ec: Danielle Danzing
Fact Sheet on the New NCG01 Permit z A, WEMarch 2019
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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 Annette.lucas@ncdenr.gov or (919) 707-6369.
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);'
• 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.
' 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 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-NOI 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.
Q&A About the New NCG01 Permit
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-NOI 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-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 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
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-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.