NCC230699_ESC Approval Submitted_20230329

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
DOUGLAS R. ANSEL NORTH CAROLINA
Interim Director Environmental Quality
February 15, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
Cleveland County
Attention: Kerri Melton, Assistant County Manager
311 E. Marion Street
Shelby, North Carolina 28150
RE: Project Name: Cleveland County Justice Center — Early Utility Relocations & Grading
Project ID: CLEVE-2023-026
Acres Approved: 6.4 acres
City: Shelby
Location: Justice Place
River Basin: Broad
Stream Classification: Other
Submitted By: WithersRavenel
Date Received by LQS: January 17, 2023
Plan Type: New
Dear Ms. Melton:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable with modifications and hereby issue this letter of Approval with Modifications. The
Modifications Required for Approval are listed on the attached page. 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 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (eNOI) 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 processed, you will receive the
COC via email. As the Financially Responsible Party shown on the FRO form submitted for this
project, you MUST obtain the COC prior to commencement of any land disturbing
activity. The eNOI form may be accessed at deg.nc.gov/NCG0I. Please direct questions about
the eNOI form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this
project changes in the future, the new responsible party must obtain a new COC.
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.
.._.r,.
North Carolina Department of Environmental Quality I Division of Energy, Mineral, and Land Resources
Mooresville Regional Office J 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704-663-1699

Letter of Approval with Modifications
Cleveland County
February 15, 2023
Page 2 of 3
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
ensure 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, 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. 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.
Your cooperation is appreciated.
JWE
Sincerely,
AWJ2��- gk-
Jerry W. Eplin, PE
Assistant Regional Engineer
Land Quality Section
Enclosure: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
WithersRavenel
Attention: Dave Bartone, PE
115 MacKenan Drive
Cary, North Carolina 27511
+.t,�North Carolina Department of Environmental Quality Division of Energy, Mineral, and Land Resources
ig
+i, Mooresville Regional Office 1 610 East Center Avenue, Suite 301 I Mooresville, North Carolina 28115
704-663-1699

Letter of Approval with Modifications
Cleveland County
February 15, 2023
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Cleveland County Justice Center — Early Utility Relocations & Grading
Project ID: CLEVE-2023-026
County: Cleveland
Reviewed by: Jerry W. Eplin, PE
1. This letter represents approval with modifications for the Cleveland County Justice Center — Early
Utility Relocations and Grading only. Site work other than that shown on this Erosion and Sediment
Control (E&SC) Plan (ex. building and parking lot construction) is not yet approved. A new erosion
control plan addressing those activities will need to be submitted.
2. Sheet C2.01 shows demolition of an existing storm drain between the existing building and the
eastern property line. Note that the eastern -most section of that storm drain cannot be demolished.
The E&SC Plan proposes to tie in Basin 1 skimmer at that location.
Sediment basins need to be stabilized immediately after installation. This includes the basin walls.
[15A NCAC 4B .0106(a)(3)]
4. Sediment basins and inlet protection must remain in place within the work area until all areas of the
project are stabilized. [15A NCAC 4B .0106(5)]
5. NC DEQ understanding is that all proposed work will occur on the two properties listed on the
Financial Responsibility / Ownership (FRO) form, and/or within rights -of -way or easements. All
necessary easements, access agreements, and rights -of -way must be current prior to starting work.
[G.S. 113A-54.1(al )].
6. It is suggested that a slope drain be considered rather than a diversion berm running across the slope
of Basin 2.
7. Be advised that permission from the local stormwater authority is required prior to discharging from a
sediment basin directly to a storm drain.
8. When installing the new storm drain, utilize partial inlet protection to keep sediment out of the open
end of the storm drain, installed at the end of each workday.
9. Additional measures may be required - The applicant is responsible for the control of sediment on -
site. If the approved erosion and sedimentation control measures prove insufficient, the applicant
must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B
.0115]
u
North Carolina Department of Environmental Quality I Division of Energy, Mineral, and Land Resources
Mooresville Regional Office 1 610 East Center Avenue, Suite 3011 Mooresville, North Carolina 28115
704-6634699

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Fact Sheet on the New NCGO1 Permit D_EQ
April 2019
? "X.Q0e_
The NC Construction General Permit (also known aswas renewed on April 1, 2019. The updated permit
does not significantly change the measures that are required tobeimplemented onconstruction 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. DEKdLRworked with abroad team ofstakeholders %omake all ofthese updates. }fyou have questions,
contact Annette Lucas at or(919)7O7'3639.
Organizational Updates
The new permit:
• Repeats state requirements for E&SC
Plans and organizes them with federal
construction activity requirements;
•|sclearly organized bytopic; and
w Has less text and more tables.
Technical Updates
The new permit:
* Requires that the E&S[Plan meet
SVVPPPrequirements (p.2);
v Provides a list ofitems that must be
included inthe SVVPPP,such asthe
construction sequence, plans,
calculations, etc. (p.J-4);,
m Has updated language onbypasses and
upsets that istailored toconstruction
activities (p.1D);
* Puts all dnefmmeafor inspections,
record -keeping and reporting in
,calendar days" for clarity and
consistency (p.Il'14);'
• Changes the inspection frequency
(during business hours) toatleast
once per 7calendar days and after
every storm >1.Oinch (previously O.5
inch);' and
^ Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
This list isbased onwebsheguidance
bythe DEK4LRSediment Program.
The number ofcalendar days was
selected tobeasequivalent os
possible with the previous permit.
The intent istoprovide predictability
to the inspection schedule.
COC: Certificate of Coverage, proof of coverage under anNOSO1 permit
QE&4LR: 0[Division ofEnergy, Mineral, and Land Resources
B&S[: Erosion & Sedimentation Control
e'N{J|: Notice ofIntent, application form for the N[GD1permit
e'N0T;Notice ofTermination, form for closing out the NCGO1permit
GVVPPP: StormwaterPollution Prevention Plan, required bythe N[GU1
The NCGO1 Process
The new NC801 applies topermits approved mnurafter April 1, 2019.
Pannitte*xwill nolonger receive acopy ufthe NCGO1permit inthe mail
with their E&SCPlan approvals and beconsidered mscovered under the
permit. Federal rules require that DEK4LRreceive anNO|uneach
construction project and issue each construction project its own [OC.
Under the new N[GOlprocess, construction sites will continue to
receive approval for EQS[Plans from either DEK4LRorthe delegated
local E&S[program just like before. After receiving E&SCPlan approval,
perrnitteeswill officially obtain coverage under the NCGO1by
completing aoe'NO|(available mt ). The e'0O|will
only take about 2Ominutes tofill out and submit on'|ine.
Initially, there will benmcharge associated with applying for anN[GO1
permit but onuraround June L2U19,DEN1LRwill begin charging a$10O
annual general permit fee as required per §143'31E.]D.
DEK4LRis working uncreating asingle application form that will allow ao
applicant tosimultaneously apply for onE&6[permit and anN[G01
CO[.That effort ispart ofalarger Permit Transformation project at
DEMLR,

Why do construction sites have to do this extra application step?
DEK4LKbrequired bythe EPA toissue aspecific COCtnevery construction
site that disturbs one acre ormore. DEW1LRisworking tocreate aform
that combines the E&S[plan approval and e'NO|processes, but that will
take more time. For now, DEK4LR has created an eff\dente'NO| process,
If an E&SC Plan isapproved before April %° which permit applies?
Projects with already approved E&5[Plans will automatically follow the
new NCGOlpermit, but will not need tofill out ane-NO|orpay anannual
permit fee. However, the permiUeesshnu|d print the new permit and the
two standard detail sheets and have them onsite.
Will DEM&Roffer tools tohelp 9ennmittees comply with the new NCG01?
Yes, DEK4LR will provide two sample plan sheets at that
can beplaced into the E&SCplan set. The first covers the site stabilization
and materials handling portions nfthe permit. The second sheet covers
the inspection, record -keeping and reporting portions ofthe permit.
How will the new *-NOUsubmittal and COCprocess work?
Pennitteeswill apply for E&SCPlan approvals from DEMUKorthe local
E&SCprogram like before. The E&S[approval letter will instruct the
permitteetovisit tosubmit ane'NO|form toDEIVILR.
The perrniiteemay begin the construction activity after receipt ofthe [OC
(within three days*).The permitteemust print and retain acopy ofthe
permit and the [OConsite. Initially, the O][will heissued for free but on
nraround June l,2OIS,a$1OOannual general permit fee will becharged.
Who is allowed to submit ane-NO|form?
Submittal must be by a responsible corporate officer that owns or
operates the activity, such asapresident, secretary, treasurer, orvice
president nramanager that ioauthorized inaccordance with |V.8.6ofthe
N[GO1 permit. Additional signatory options are set forth in |V.8.6ofthe
permit. |t|spossible for consultant toprepare the e'NO!,save itasadraft,
and email ittothe responsible entity for signature & submittal.
What happens to the COCwhen the construction activity &mcomplete?
When aproject iscomplete, the pennbtepswill contact DEK8LRorthe local
delegated program toclose out the E&5[Plan. After QEK4LRorthe local
E&5[program inform the permhteenfthe project close out via inspection
report, the permhteewill visit tosubmit ane-NOT.
Will there be a grace period for adherence to the new process?
DEMLRdoes not have the authority tugrant agrace period from a
federally mandated permit. Perrnittoeswill beinformed ofthe new
process via web site, E&SCPlan approval letters and list uena. If
construction activity disturbs one acre ormore (or ispart nfcommon plan
nfdevelopment that disturbs one acre ormore) fails tosubmit ane-NO|
after approval ofits E&SCPlan, this isaviolation offederal permitting
requirements and the permittee could be subject to a penalty assessment.
How does the new NCG01affect the
delegated loca|E&5C Programs?
Local programs will continue toreview
and approve E&[[plans. However,
they will nolonger send copies ofthe
NCG01with E&S[Plan approvals,
OEK8LRwill provide sample language tn
use inlocal E&SCPlan approvals to
advbapermKtees that they must
submit aoe'N0toDEK8LR.
Local programs are not required tn
check ifpennhteeshave submitted e-
NO|stoDEK4LR.However, ifthey wish
to dothis voluntarily, there will be
tool available onDEK4LR'sweb site for
them toview alist ofconstruction
projects that have submitted e-N0s.
When local programs close out anE&G[
Plan, the close-out letter will advise
permitteeothat they must submit ane'
N0T DEKXLRwill provide sample
language.
Local programs may approve E&5C
plans that meet state sediment laws
and rules even ifthose plans are not
compliant with all ofthe NCGO1
requirements. However, their
permhteeswill berequired toadd two
plan sheets (which will beprovided by
DEMLR)totheir E&S[Plans toensure
that they fully comply with the ground
stabi|izadon, materials handling, and
inspection, record -keeping and
reporting portion ofthe NCGO1permit.
*Or24business hours for oproject
approved tinder the DEMLR Express
review program,