NCC233067_ESC Approval Submitted_20231012

ROY COOPER • s�
Governor 1 Ai
M NV
ELIZABETH S.BISER
Secretary 7 ou.M"°!..
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 14, 2023
LETTER OF APPROVAL WITH MODIFICATIONS
AMH NC Development, LP
Attention: Mark J. Mahoney, VP of Land
16905 Northcross Drive, Suite 200
Huntersville,North Carolina 28078
RE: Project Name: Williams Pond
Project ID: UNION-2023-008
Acres Approved: 19.2
County: Union
City: Indian Trail
Location: Rogers Road
River Basin: Catawba
Stream Classification: Other
Submitted By: American Engineering
Date Received by LQS: July 31, 2023
Plan Type: Revised
Dear Mr. Mahoney:
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 NCG010000
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 deq.nc.gov/NCG01. 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 NCG01 permit require that the following documentation be kept on
file at the job site:
E North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699

Letter of Approval with Modifications
AMH NC Development, LP
August 14, 2023
Page 2 of 3
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 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.
Sincerely,
Jerry W. Eplin, PE
Assistant Regional Engineer
Land Quality Section
JWE
Enclosure: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
c: American Engineering
Attention: Blake Estridge, PE
8008 Corporate Center Drive, Suite 110
Charlotte,North Carolina 28226
North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699

Letter of Approval with Modifications
AMH NC Development, LP
August 14, 2023
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Williams Pond
Project ID: UNION-2023-008
County: Union
Reviewed by: Jerry W. Eplin, PE
1. Based upon conversations with the Engineer for the project,NC DEQ understands that the submitted
Financial Responsibility/Ownership Form (FRO Form) incorrectly lists the Financially Responsible
Party as "AMH NC Development TRS, LP", and that the correct entity is "AMH NC Development,
LP". The Landowner-Builder agreement for the site correctly indicates permission provided to
"AMH NC Development, LP." Within 2 weeks of receiving this approval with modifications, or
prior to starting land disturbing activities, whichever is sooner, submit a corrected, notarized FRO
Form for the project. The Financially Responsible Party listed on the FRO must match the
Landowner-Builder agreement.
2. Because the Erosion and Sediment Control (E&SC) drawing sheets show the basins with 2-foot
(even) contours, and the basin dimensions include odd elevations, it is not clear that the basins will be
installed with the desired dimensions. The BMP sheets show 1-foot contour intervals. Please revise
the E&SC drawing sheets to show 1-foot contour intervals for the basins. Additionally, note on the
drawings that weirs below the top of riser must be blocked during construction activities. Provide
updated sheets to our office prior to beginning land disturbing activities.
3. When installing either a temporary or permanent stream crossing, all work shall be completed"in the
dry". Additional measures, such as silt fence parallel to the stream banks, and compost socks or
wattles during road construction, will be needed.
4. It is not clear that the diversions installed in Phase 1, which are necessary to assure that runoff
reaches a basin, can be maintained until the storm drainage system is installed. Maintain positive
draining to the basins at all times.
5. If post-construction stormwater permitting is required, either by DEQ or a local program, the permit
should be obtained prior to initiating land disturbing activities.
6. 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]
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
11 • 1; North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
401114
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699

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Fact Sheet on the New NCG01 Permit D_EQ
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 NCGO1 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; e-NOI: Notice of Intent,application form for the NCG01 permit
• Is clearly organized by topic; and e-NOT: Notice of Termination,form for closing out the NCGO1 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
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 The NCG01 Process
"calendar days"for clarity and The new NCGO1 applies to permits approved on or after April 1,2019.
consistency(p. 11 14);z Permittees will no longer receive a copy of the NCGO1 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);3 and Under the new NCGO1 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 e-NOI (available at de .nc.,=ovi NCG01). The e-NOI will
only take about 20 minutes to fill out and submit on-line.
1 This list is based on website guidance
by the DEMLR Sediment Program. Initially,there will be no charge associated with applying for an NCGO1
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 NCGO1
to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at
DEMLR.