NCC214167_ESC Approval Submitted_20210721

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ROY COOPER
Governor r
MICHAEL S.REGAN
Secretary
BRIAN WRENN NORTH CAROLINA
Acting Director Environmental Quality
April 30, 2020
LETTER OF APPROVAL WITH PERFORMANCE RESERVATION
City of Asheville
ATTN: Mr.Jade Dundas
70 Court Plaza
Asheville, NC 28802
RE: Project Name: French Broad River Greenway West Project
Acres Approved: 8.23
Project ID: BUNCO-2017-017
County: Buncombe
City: Asheville
Address: Riverview Dr.
River Basin: French Broad
Stream Classification: French Broad River- C
Submitted By: Ms. Victoria Hoyland, P.E.
Date Originally Received by LQS: March 1, 2017
Date Revision Received by LQS: April 30, 2020
Plan Type: Recreational
Dear Mr. Dundas,
This office has reviewed the subject revised erosion and sedimentation control plan and
hereby issues this Letter of Approval with Performance Reservation. The performance
reservation is attached. 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 Title 15A
NCAC 413.0129. Should the plan not perform adequately,a revised plan will be required (G.S.
113A-54.1)(b).
As of April 1, 2019, all new construction activities are required to complete and submit an
electronic Notice of Intent (eN01) form requesting a Certificate of Coverage (COC) under the
NCGO10000 Construction General Permit. After the form is reviewed and found to be
complete, you will receive a link with payment instructions for the $100 annual permit fee.
After the fee is received,you will receive the COC via email. You MUST obtain the COC prior
to commencement of any land disturbing activity. The eN01 form may be accessed at
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7 North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources E Q`
Asheville Regional Office 1 2090 U.S.Highway 70 1 Swannanoa,North Carolina 28778
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Letter of Approval with Performance Reservation
City of Asheville
ATTN: Mr. jade Dundas
April 30, 2020
Page 2 of 3
deq.nc.gov/NCG01. Please direct questions about the eNO1 form to Annette Lucas at
[e-mail] or Paul Clark at [e-mail]. If the owner/operator
of this project changes in the future, the new responsible party is required to apply for
his/her own COC.
Title 15A NCAC 4B .0118(a) and the NCG01 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 NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic
inspection to insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that 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. This permit allows for a land-
disturbance, as called for on the application plan, not to exceed the approved
acres. Exceeding the acreage will be a violation of this permit and would require a revised
plan and additional application fee. You are requested to file an amended form if there is any
change in the information included on the form. Please notify us if you plan to have a
preconstruction conference.
Your cooperation is appreciated.
Mic el Sntith
Assistant Regional Engineer
Land Quality Section

Letter of Approval with Performance Reservation
City of Asheville
ATTN: Mr. Jade Dundas
April 30, 2020
Page 3 of 3
Enclosures: NPDES NCG01 Fact Sheet
Performance Reservations
ec: Ms. Victoria Hoyland, P.E. victor•[e-mail]
cc: Regional Office file
PERFORMANCE RESERVATION
Please note that the developer-is responsible for the control of sediment on-site. If the
approved erosion and sediment control measures prove insufficient, the developer must
take those additional steps necessary to stop sediment from leaving this site. Each
sediment storage device must be inspected after each storm event. Maintenance and/or
clean out is necessary anytime the device is at 50% capacity. {G.S. 113A-57(3)}.
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities

Fact Sheet on the New NCG01 Permit DEQ
April 2019
The NC Construction General Permit(also known as"NCG01")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 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(919) 707-3639.
Organizational Updates Acronyms to Know
The new permit: COC: Certificate of Coverage, proof of coverage under an NCG01 permit
• Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources
Plans and organizes them with federal E&SC: Erosion &Sedimentation Control
construction activity requirements; a-NOI: Notice of Intent, application form for the NCG01 permit
• is clearly organized by topic; and a-NOT: Notice of Termination, form for closing out the NCG01 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
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 b asses and
pbypasses
upsets that is tailored to construction
activities (p. 10);
• Puts all timeframes for inspections,
record-keeping and reporting in The NCG01 Process
"calendar days" for clarity and The new NCG01 applies to permits approved on or after April 1,2019.
consistency(p. 11-14);' Permittees will no longer receive a copy of the NCG01 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 least permit. Federal rules require that DEMLR receive an NOI 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 0.5
inch);'and Under the new NCG01 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 NCG01 by
place (p. 23). completing an a-NOI (available at deg.nc.gov/NCG01). The e-NOI will
only take about 20 minutes to fill out and submit on-line.
This list is based on website guidance
by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCG01
z The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100
selected to be as equivalent as annual general permit fee as required per§143-215.3D.
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 NCG01
to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at
DEMLR.

Q&A About the New NCGo1 Permit
Why do construction sites have to do this extra application step? How does the new NCG01 affect the
DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs?
site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review
that combines the E&SC plan approval and a-NOI processes, but that will and approve E&SC plans. However,
take more time. For now, DEMLR has created an efficient a-NOI process. they will no longer send copies of the
NCG01 with E&SC Plan approvals.
If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to
Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to
new NCG01 permit, but will not need to fill out an a-NOI or pay an annual advise permittees that they must
permit fee. However, the permittees should print the new permit and the submit an a-NOl to DEMLR.
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 h
the inspection, record-keeping and reporting portions of the permit. r ``
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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 visit deg.nc.gov/NCG01 to submit an a-NOI form Local programs are not required to
to DEMLR.The permittee may begin the construction activity after check if permittees have submitted e-
submittal of the a-NOI. The permittee is required to print a copy of the NOis to DEMLR. However, if they wish
permit and retain it on site. Initially, the COC will be issued for free but on to do this voluntarily, there will be a
or around June 1, 2019, a $100 annual general permit fee will be charged, tool available on DEMLR's web site for
them to view a list of construction
Who is allowed to submit an a-NOI form? projects that have submitted a-NOIs.
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president, secretary, treasurer, or vice When local programs close out an E&SC
president or a manager that is authorized in accordance with IV.B.6 of the Plan, the close-out letter will advise
NCG01 permit, Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e-
permit. It is possible for consultant to prepare the a-NOI, save it as a draft, NOT. DEMLR will provide sample
and email it to the responsible entity for signature &submittal. language.
What happens to the COC when the construction activity is complete? Local programs may approve E&SCplans that meet state sediment laws
When a project is complete, the permittees will contact DEMLR or the local and rules even if those plans are not
delegated program to close out the E&SC Plan. After DEMLR or the local compliant with all of the ans ar
E&SC program inform the permittee of the project close out via inspection requirements. However, their
report, the permittee will visit deg.nc.gov/NCG01 to submit an a-NOT. permittees will be required to add two
Will there be a grace period for adherence to the new process? plan sheets (which will be provided by
DEMLR does not have the authority to grant a grace period from a DEMLR) to their E&SC Plans to ensure
federally mandated permit. Permittees will be informed of the new that they fully comply with the ground
process via web site, E&SC Plan approval letters and list sews. If a stabilization, materials handling, and
construction activity disturbs one acre or more (or is part of common plan inspection, record-keeping and
of development that disturbs one acre or more)fails to submit an a-NOI reporting portion of the NCG01 permit.
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.