NCC233122_ESC Approval Submitted_20231019

ROY COOPERLel fi;•
Governor
ELIZABETH S,BISER •
Secretory
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
October 11,2023
LETTER OF APPROVAL
Express Option
T.A. Loving Company
Attn: Paul Hunter, Sr.Vice President
400 Patetown Road
Goldsboro,NC 27530
RE: Project Name: Fayetteville Annexation Phase V,Project XII,Area 26
Acres Approved: 1.25
Project ID: CUMBE-2024-049
County: Cumberland, City: Fayetteville, Address: Hoke Loop
River Basin: Cape Fear
Stream Classification: Other
Submitted By: T.A. Loving Company
Date Received by LQS: October 11,2023
Plan Type: Express
Dear Mr. Hunter:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter
of Approval. 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. 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 (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 fouu 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 NOI form to Paul Clark at
[e-mail] you submit a complete and correct NOI Form,a COC will be emailed to you
within three business days. A$100 fee will be charged annually until a Notice of Termination is issued.
This fee is to be sent to the DEMLR Storuiwater Central Office staff in Raleigh. 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:
North Carolina Department of Environmental Quality ; Division of Energy,Mineral and Land Resources
Fayetteville Regional Office l 225 Green Street.Suite 714 i Fayetteville.North Carolina 28301
a4 nta tat �" 910.433.3300

Letter of Approval
T.A.Loving Company
October 11,2023
Page 2 of 2
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.
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.
Title 15A NCAC 4B .0118(a)requires that a copy of the approved erosion control plan be on file at the job
site. 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 foiui if there is any change
in the information included on the form. 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.In addition,it would be helpful if you notify
this office of the proposed starting date for this project.
Your cooperation is appreciated.
Sincerely,
Jodi Pace,EI
Regional Engineering Associate
DEMLR
Enclosures: Certificate of Approval
NPDES NCGO1 Fact Sheet
cc: Matt Bierstedt,T.A. Loving Company(electronic copy)
David Steinmetz,Building Inspector(electronic copy)
David Winstead,City of Fayetteville Permits(electronic copy)
DEMLR-Fayetteville Regional Office

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Fact Sheet on the New NCGO1 Permit
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; a-NOI: Notice of Intent, application form for the NCGO1 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); K a
• Puts all timeframes for inspections,
record-keeping and reporting in The NCGO1 Process
"calendar days" for clarity and The new NCGO1 applies to permits approved on or after April 1,2019.
consistency(p. 11-14);2
• Changes the inspection frequency Permittees will no longer receive a copy of the NCGO1 permit in the mail
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 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 NCGO1 by
place (p. 23). 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.
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
2 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.

Why do construction sites have to do this extra application step? How does the new NCGO1 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 e-NOI processes, but that will and approve E&SC plans. However,
take more time. For now, DEMLR has created an efficient e-NOI process. they will no longer send copies of the
NCGO1 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 NCGO1 permit, but will not need to fill out an e-NOI or pay an annual advise permittees that they must
permit fee. However,the permittees should print the new permit and the submit an e-NOI to DEMLR.
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCGO1?
,Q ri—
Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCGu1 than
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 e-NOI submittal and COC process work?
Permittees will apply for E&SC Plan approvals from DEMLR or the local
E&SC program like before.The E&SC approval letter will instruct the
permittee to visit deq.nc.gov/NCG01 to submit an e-NOI form to DEMLR. Local programs are not required to
The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e
(within three days*).The permittee must print and retain a copy of the NOls to DEMLR. However, if they wish
permit and the COC on site. Initially,the COC will be issued for free but on to do this voluntarily,there will b.e 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 e-NOI form? projects that have submitted e-NOls.
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
NCGO1 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 e-NOI, save it as a draft, NOT. DEMLR will provide sample
and email it to the responsible entity for signature&submittal. language.
Local programs may approve E&SC
What happens to the COC when the construction activity is complete? plans 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 NCGO1
E&SC program inform the permittee of the project close out via inspection requirements. However,their
report,the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT, permittees will be required to add two
plan sheets (which will be provided
Will there be a grace period for adherence to the newprocess? 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 servs. 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 e NOI reporting portion of the NCGO1 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. * Or24 business hours fora project
approved under the DEMLR Express
review program.