NCG010000_NCHBA Comments_20240319

Clark, Paul
From: Millis, Chris <[e-mail]>
Sent: Tuesday, March 19, 2024 5:28 PM
To: Clark, Paul
Cc: Nunna, Shrikar; Vinson, Toby
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
Attachments: NCHBA-NCG01 Draft Permit Comments-031924.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Mr. Clark, please find attached to this email an additional comment letter from the North Carolina Home Builders
Association in supplement to our previous comment letter sent on 12/29/23 concerning the Department's NCG01
renewal with the USEPA.
As indicated previously, please know that we are grateful for the opportunity to provide these comments and that we
stand ready to assist the Department in any way that we can to achieve a solution to the comments shared.
Please accept our appreciation in advance for the attention, time, and effort that you and your team will put forth during
this NCG01 renewal.
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Millis, Chris
Sent: Tuesday, March 5, 2024 10:57 AM
To: Clark, Paul <[e-mail]>
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
Understood... we sent in public comments on 12/29/23... I will review the draft permits and reach out if we have any
additional comments or questions. Thanks for your time!
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Clark, Paul <[e-mail]>
Sent: Tuesday, March 5, 2024 10:25 AM
To: Millis, Chris <[e-mail]>
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input

Chris,
HI. NCG01 and NCG25 are in public notice period. We welcome comments, questions, etc.
Please see https://www.deq.nc.gov/stormwaternotices#NPDESIndustria[Genera[Permits-10558
thx
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Before printing this email, please consider your budget and the environment.
https:lldeq. nc.9ovlsw
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Emso :. a"d kom !Ns addless rs s."Cf b Me I&Ih
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From: Millis, Chris <[e-mail]>
Sent: Monday, March 4, 2024 5:04 PM
To: Clark, Paul <[e-mail]>
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Paul, I hope you are doing very well. Just checking to see if there has been any movement on this front considering April
is right around the corner. Sorry to bother but I wanted to check in to see if I missed any announcements or draft
permits that may be pending. Thanks in advance for your time and effort. All the best!
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Clark, Paul <[e-mail]>
Sent: Wednesday, January 3, 2024 10:02 AM
To: Millis, Chris <[e-mail]>
Cc: Rep. Mark Brody <[e-mail]>; Nunna, Shrikar <[e-mail]>; Minton, Tim
<[e-mail]>
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
Mr. Millis (Chris),

Hi. Thank you for providing comments. They will be compiled/considered along with any/all other comments received
during the public comment period on the draft NCG01 renewal. Please contact me with any questions. Thx again.
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Before printing this email, please consider your budget and the environment.
https://deq. nc.goy/sw
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Emae co"sprx &mw to arrd hom fNs address rs sv"ct fo the Ndffh
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From: Millis, Chris <[e-mail]>
Sent: Friday, December 29, 2023 8:48 AM
To: Clark, Paul <[e-mail]>
Cc: Rep. Mark Brody <[e-mail]>; Nunna, Shrikar <[e-mail]>; Minton, Tim
<[e-mail]>
Subject: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Mr. Clark, please find attached to this email a letter from the North Carolina Home Builders Association concerning the
Department's NCG01 renewal with the USEPA. Know that we are grateful for the opportunity to provide these
comments and that we stand ready to assist the Department in any way that we can to achieve a solution to the
comments shared.
Please accept our appreciation in advance for the attention, time, and effort that you and your team will put forth during
this NCG01 renewal.
All the best!
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Clark, Paul <[e-mail]>
Sent: Friday, December 1, 2023 8:41 AM
To: Parrish, Graham <[e-mail]>; Coco, Julie <[e-mail]>; Montebello, Michael J
<[e-mail]>; Anne Coan <[e-mail]>; Keith Larick <[e-mail]>;

[e-mail]; [e-mail]; [e-mail]; Grady O'Brien
<[e-mail]>; Seneres, David J <[e-mail]>; [e-mail]; Goodwin,
Jeremy A<[e-mail]>; [e-mail]; [e-mail];
[e-mail]; Carpenter, Mike <[e-mail]>; Webb, Steven
<[e-mail]>; Minton, Tim <[e-mail]>; [e-mail]; [e-mail];
[e-mail]; Rodgers, Ashley <ashley. [e-mail]>; Karyn Pageau
<[e-mail]>; [e-mail]; [e-mail]; [e-mail]
Cc: Lawyer, Mike <[e-mail]>; Georgoulias, Bethany<[e-mail]>
Subject: NCG01, NCG25 upcoming renewals, seeking input
Potentially Interested Parties,
Hi. The NCG010000 - Construction Stormwater General Permit for construction activities that are subject to the NC
SPCA is scheduled to expire March 31, 2024. The NCG250000 — Construction Stormwater General Permit for
construction activities that are not subject to the NC SPCA, but are subject to the federal Clean Water Act, is scheduled
to expire May 31, 2024. DEMLR plans to renew both for issuance on April 1, 2024. DEMLR — Stormwater does not
intend to conduct a formal stakeholder process because Stormwater does not intend to make major changes to either
permit for this upcoming renewal and instead is focusing on introducing a combined electronic application process for
DEQ E&SC approval and NCG010000/NCG250000 coverage and making the new system successful for all
permittees. We are interested in any input you may have on this renewal. Please provide comments to ...
Paul Clark
[e-mail]
[phone]
before the end of 2023 as Stormwater plans to draft the new permit in early 2024 to provide the public plenty of time
for any additional discussion prior to the official public comment period. Please share this email message with other
people who you believe may also want to provide input on these renewals.
Thx.
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Before printing this email, please consider your budget and the environment.
https://deq. nc.gov/sw
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Carom4i Nbhn Records Law end mgy Le 6scbso to 1hod paffras.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.

NORTH CAROLINA HOME BUILDERS ASSOCIATION
P.O. BOX 99090 • RALEIGH, N.C. 27624-9090
PHONE [phone] • TOLL FREE 1-800-662-7129 • FAX [phone]
www.nchba.org • www.21buildingexpo.com
March 19, 2024
Mr. Paul Clark
DEMLR Stormwater Program
512 N Salisbury, 6t" Floor
Raleigh, NC 27604
RE: NCG01 Draft Permit Public Comments
Dear Mr. Clark:
On behalf of over 15,000 member firms that comprise the North Carolina Home Builders
Association (NCHBA), please find these comments concerning the proposed draft of the
NCGO10000 - Construction Stormwater General Permit for construction activities (NCG01) that
are subject to the North Carolina Sedimentation Pollution Control Act scheduled to expire
March 31, 2024, currently in process for Federal renewal.
As you may recall, we wrote to you on December 29, 2023 (attached) concerning this subject
matter to outline our overall concerns with the current NCG01 permitting process where
compliance is no longer simultaneously achieved when our members receive a State (or Local,
as applicable) Sedimentation and Erosion Control (S&EC) Plan approval as was accomplished
prior to the 2019 NCG01 permit renewal.
As outlined in our previous comment letter, the Legislature shared our concerns and adopted
Section 11 of Session Law 2023-108 aimed to rework the NCG01 permitting process similar to a
pre-2019 program implementation approach that, among other reforms, combines an NCG01
approval within a State (or Local, as applicable) S&EC Plan approval.
DIRECT DEQ TO SEEK APPROVAL FROM USEPA TO STREAMLINE IMPLEMENTATION OF
REQUIREMENTS OF THE SEDIMENTATION POLLUTION CONTROL ACT AND FEDERAL
REQUIREMENTS FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
SECTION 11. No later than September 1, 2023, the Department of Environmental
Quality shall develop a plan for submittal to USEPA that eliminates any program
redundancies between the State's Sedimentation Pollution Control Act of 1973 (Act), and
its implementation of requirements for stormwater discharges from construction
activities set forth under the 2022 Clean Water Act National Pollution Discharge
Elimination System (NPDES) general permit for stormwater discharges from construction
activities (Construction Permit), 87 Federal Register 352Z through NPDES General
Permit NCGO10000 (NCG01). Specifically, the plan shall include measures to streamline
permitting requirements to ensure persons conducting land -disturbing activity are

NCG01 Draft Permit
NCHBA Public Comments
Page 2
required to apply for one permit addressing all federal, State, and local requirements,
and, if applicable, that permit may be issued by a local government with delegated
authority to operate a local program in order to eliminate (i) unnecessary costs to, and
duplication of efforts by, persons initiating land -disturbing activities, (ii) unnecessary
delays in project development, and (iii) inefficient use of Department personnel and staff
of local governments that administer delegated erosion and sedimentation control
programs. The Department shall report to the Environmental Review Commission on the
status of their activities pursuant to this section quarterly, beginning August 1, 2024,
until such time as the General Assembly repeals this reporting requirement.
This comment letter, in supplement to our December 29, 2023 letter, is out of concern with the
draft language of the proposed NCG01 permit that we received after our previous comments
were made.
After reviewing the proposed NCG01 permit, we are concerned that the draft may fail to fully
comply with Section 11 of Session Law 2023-108. Specifically, we would anticipate that the
draft language would include language that would accomplish compliance with the provision in
the session law to "...ensure persons conducting land -disturbing activity are required to apply
for one permit addressing all federal, State, and local requirements..." which is similar to the
opening lines of the pre-2019 NCG01 language that spoke to achieving simultaneous NCG01
compliance when a State (or Local, as applicable) S&EC Plan approval is received.
Forgive us if language similar to the pre-2019 NCG01 permit opening language is not needed in
the eyes of the Department or the USEPA to achieve consolidation between an NCG01 and
S&EC Plan approval, but it would be reassuring if we could have a response from the
Department concerning this matter as we anticipated compliance with Section 11 of Session
Law 2023-108 to be clearly reflected in the draft renewal NCG01 permit language.
Please note that it is not just the draft renewal language that concerns us. Also of concern is
the timing of the Department's request to USEPA and whether a response will be granted prior
to the NCG01 permit being renewed for another five years.
While Section 11 of Session Law 2023-108 required the Department no later than September 1,
2023 to develop a plan for submittal to the USEPA that eliminates any program redundancies
between the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation
of requirements for stormwater discharges from construction activities... through NPDES General
Permit NCGO10000 (NCG01), it is our understanding that it was not until December 19, 2023
that the Department submitted to the USEPA. While the plan submittal was not specifically
required by September 1, 2023, per Section 11 of Session Law 2023-108, we believe that it is
reasonable to conclude that a submittal would follow very soon after the plan was developed
by September 1, 2023, as required.

NCG01 Draft Permit
NCHBA Public Comments
Page 3
It is our understanding that the Department submitted a request to the USEPA in an effort to
comply with Section 11 of Session Law 2023-108 on December 20, 2023. This understanding is
based on a response we received from the Department on December 19, 2023, as a result of an
inquiry we made on December 14, 2023 (attached) seeking information regarding the status of
the Department's compliance with Section 11 of Session Law 2023-108. This timeline is not
significant as long as there is a pathway to achieve approval by the USEPA prior to the April 1,
2024 to March 31, 2029 NCG01 permit renewal currently under consideration, but if the delay
results in missing the 5-year renewal window it would be very unfavorable to our association
and to achieving compliance with Section 11 of Session Law 2023-108.
Regardless of the timing and the current NCG01 permit draft language, we hope there is a
pathway to amend the NCG01 permit for consolidation with a S&EC Plan approval as intended
by Section 11 of Session Law 2023-108, specifically "to ensure persons conducting land -
disturbing activity are required to apply for one permit" similar to the pre-2019 NCG01
permitting process. A response from the Department regarding the path forward to achieve
compliance with Section 11 of Session Law 2023-108 to be reflected as soon as possible in a
USEPA-approved NCG01 permit would be greatly appreciated.
Thank you for this opportunity to provide public comment and for the Department's
consideration of our comments. Please do not hesitate to reach out to us if we can be of
assistance regarding this matter as we stand ready to provide meaningful input to achieve
environmental protection while providing homes to North Carolinians.
Sincerely,
Chris Millis
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]

NORTH CAROLINA HOME BUILDERS ASSOCIATION
P.O. BOX 99090 • RALEIGH, N.C. 27624-9090
PHONE [phone] • TOLL FREE 1-800-662-7129 • FAX [phone]
www.nchba.org • www.21buildingexpo.com
December 29, 2023
Mr. Paul Clark
DEMLR Stormwater Program
512 N Salisbury, 61" Floor
Raleigh, NC 27604
RE: NCG01 Renewal Public Comments
Dear Mr. Clark:
On behalf of over 15,000 member firms that comprise the North Carolina Home Builders Association
(NCHBA), please find these comments concerning the NCGO10000 - Construction Stormwater General
Permit for construction activities (NCG01) that are subject to the North Carolina Sedimentation Pollution
Control Act scheduled to expire March 31, 2024, currently in process for Federal renewal.
NCHBA's concern with the NCG01 administrative permitting and permit closure process has
exponentially increased among our membership since 2019 when a State (or Local, as applicable)
Sedimentation and Erosion Control Plan approval no longer achieved simultaneous NCG01 compliance.
Please note that before 2019, NCG01 compliance was procedurally embedded in a State (or Local, as
applicable) Sedimentation and Erosion Control Plan approval. Since this departure from administratively
combining these two permits, which regulate the same field of environmental concern, our members,
both small builders and large, have conveyed serious concerns that we hope will be considered by the
Department and the United States Environmental Protection Agency (USEPA) as the NCG01 is renewed
leading into spring of next year.
While considering our comments surrounding the administrative burden caused by the current
regulatory redundancy, please know that NCHBA recognizes the importance of controlling construction
stormwater as Federally required for projects, or a common plan of development, disturbing greater
than five acres. We also recognize the importance of preventing erosion and sedimentation from
leaving construction sites as the State has required for projects, or a common plan of development,
disturbing greater than one acre (unless a local act requires a lesser disturbance threshold).
While there is technical design and "in the field" application of the NCG01 program that need
consideration for reform, please find this comment letter focused on the primary issue facing our
industry, which is the administrative redundancy generated by the current duel permitting scheme that
is resulting in unnecessary administrative costs (both "hard cost"from duplicative fees and "soft cost"
spent towards the redundant compliance effort). Also note that we argue that these unnecessary costs
caused by the current regulatory redundancy, lost both in time and money, can be significantly reduced
by reverting to a pre-2019 program implementation approach that combines an NCG01 approval within
a State (or Local, as applicable) Sedimentation and Erosion Control Plan approval.
To be specific, issues caused by the redundancy of the dueling permits regulating the same
environmental field are not just due to the need to secure two permits and pay two separate permit

NCG01 Renewal
NCHBA Public Comments
Page 2
fees before a homebuilder can begin construction, but even more problematic are the issues that arise
during the project close-out phase. Please note that for a single -lot home builder, the need to obtain
and remain in compliance with the different administrative terms of an NCG01 and a State (or Local, as
applicable) Sedimentation and Erosion Control Plan approval are problematic in themselves, but the
associated issues grow in complexity for builders of multiple lots especially when any disturbance
associated with a project is to be conveyed in common or public ownership.
For example, a builder constructing a multiple -lot subdivision which includes neighborhood roadways
and other required infrastructure located in a right-of-way or shared easement is most likely to permit
the entire disturbance associated with the project including the lots. It is impractical at times to permit
roadways and other required infrastructure located in a right-of-way or shared easement separately
from the lots as drainage patterns often force the two administratively separate properties together for
mutual construction stormwater and sedimentation and erosion control measures. Once this builder
permits the disturbance associated with the development to meet State (or Local, as applicable)
Sedimentation and Erosion Control Plan requirements, the current regulatory regime requires that they
then obtain a separate NCG01 permit approval before beginning construction.
If the builder is knowledgeable about the regulatory difficulties that they will most likely experience in
the future concerning the compliance issues arising from the dueling regulatory regimes at the Federal
and State (or Local, as applicable) level they are best advised to permit each lot separately and to also
permit the disturbance in the rights-of-way/easement(s) separately as long as the construction
stormwater and sedimentation and erosion control measures are truly separate from a drainage
standpoint. Once this builder completes a home on one of these lots for sale, the State (or Local, as
applicable) Sedimentation and Erosion Control Plan transfers responsibility upon sale, but the NCG01
does not. If this builder is not able to close out the NCG01 due to construction stormwater or erosion
control measures needing to remain in place throughout a future portion of the development
construction, then the builder must renew each NCG01 permit yearly (including paying an additional
fee), and then the builder must then come back at a later date when all construction is complete to close
out each open NCG01 permit.
Please consider that this approach requires very high administrative oversight by the builder as often
dozens of NCG01 permits must be monitored for compliance and monitored for expiration, leading to
significant administrative costs across the development construction timeline. While this permitting
approach is necessary to achieve a relatively clean project closeout phase as each lot is developed and
sold, it is only achievable if the construction measures can be separated in the field.
If the builder is neither wise to the close-out compliance issues or is unable to permit each lot separately
for an NCG01 as previously outlined, the regulatory burden is even more cumbersome when multiple
lots are permitted under a single NCG01 permit. In this scenario, the entire development must be
completed for the NCG01 to be released, which means that over a multiyear development phase, the
builder is held responsible for maintaining stabilization on a lot that has often been sold years ago (or at
times resold to another buyer that was not the original client of the builder). It is not theory, but reality
that some of our members have had to seek permission to enter a property that was sold multiple times
after they completed the build in order to restabilize what was initially stabilized on the property at the
time of the home's Certificate of Occupancy (CO) due to the current property owner's failure to
maintain stable vegetation under their ownership.

NCG01 Renewal
NCHBA Public Comments
Page 3
The difficulties with the current regulatory permitting approach concerning State (or Local, as
applicable) Sedimentation and Erosion Control Plan approval process separate from an NCG01 approval
as outlined above are just a few of the serious concerns that our members have had to traverse since
2019. Again, while we believe that protecting our commonly shared environment is necessary, we know
that such can be achieved by recombining the two dueling permits to reduce the unnecessary
administrative compliance costs created since 2019, particularly at a time when home affordability is at
a crisis level.
With a proper understanding of our viewpoint concerning the post-2019 approach to require separate
permitting of an NCG01 from State (or Local, as applicable) Sedimentation and Erosion Control Plan
approval, please know that we are grateful for the State Legislature and the Department's
Governmental Affairs Liaisons working together to address our concerns by adopting into state law
Section 11 of Session Law 2023-108 as outlined below:
DIRECT DEQ TO SEEKAPPROVAL FROM USEPA TO STREAMLINE IMPLEMENTATION OF
REQUIREMENTS OF THE SEDIMENTATION POLLUTION CONTROL ACT AND FEDERAL
REQUIREMENTS FOR STORMWATER DISCHARGES FROM CONSTRUCTION ACTIVITIES
SECTION 11. No later than September 1, 2023, the Department of Environmental
Quality shall develop a plan for submittal to USEPA that eliminates any program redundancies
between the State's Sedimentation Pollution Control Act of 1973 (Act), and its implementation of
requirements for stormwater discharges from construction activities set forth under the 2022
Clean Water Act National Pollution Discharge Elimination System (NPDES) general permit for
stormwater discharges from construction activities (Construction Permit), 87 Federal Register
3522, through NPDES General Permit NCG010000 (NCG01). Specifically, the plan shall include
measures to streamline permitting requirements to ensure persons conducting land -disturbing
activity are required to apply for one permit addressing all federal, State, and local requirements,
and, if applicable, that permit may be issued by a local government with delegated authority to
operate a local program in order to eliminate (i) unnecessary costs to, and duplication of efforts
by, persons initiating land -disturbing activities, (ii) unnecessary delays in project development,
and (iii) inefficient use of Department personnel and staff of local governments that administer
delegated erosion and sedimentation control programs. The Department shall report to the
Environmental Review Commission on the status of their activities pursuant to this section
quarterly, beginning August 1, 2024, until such time as the General Assembly repeals this
reporting requirement.
Since the adoption of this language into state law, we have been provided upon request with a letter
(attached) dated December 19, 2023, signed by the Department's Interim Director of the Division of
Energy, Mineral, and Land Resources, Mr. Vinson, addressed to the USEPA requesting the USEPA's
consideration of two proposals aimed to comply with Section 11 of Session Law 2023-108. Please note
that the NCHBA agrees with the Department that their past work with USEPA regulators concerning our
state regulations satisfies federal law (specifically that a State (or Local, as applicable) Sedimentation
and Erosion Control Plan approval satisfies federal Stormwater Pollution Prevention Plan requirements);
therefore, providing a pathway to remove the post-2019 regulatory redundancy caused by the dueling
separate permitting requirement.
While we are grateful for the effort to comply with Section 11 of Session Law 2023-108 put forth by the
Department, please note that we support "Proposal A" that the Department has put forth in the letter

NCG01 Renewal
NCHBA Public Comments
Page 4
to USEPA, but we do not support "Proposal B" as it would not solve the current problems outlined in this
letter for all of the numerous local governments administering state approved sedimentation and
erosion control programs.
We hope that the concerns outlined in this letter provide a glimpse of the significant importance of
achieving federal compliance concerning an NCG01 permit through the State (or Local, as applicable)
Sedimentation and Erosion Control Plan approval. As you all work towards achieving an NCG01 permit
renewal with the USEPA, please accept our sincere appreciation of the Department's consideration of
our comments. Know that we stand ready to continue to provide meaningful input to achieve
environmental protection while reducing unnecessary costs and lost time to project completion aimed
to provide affordable homes to North Carolinians.
Sincerely,
Chris Millis
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
WILLIAM E. TOBY VINSON, JR
interim Director
Mr. Mike Mitchell
US Environmental Protection Agency
61 Forsyth Street SW
Atlanta GA 30303
NORTH CAROLINA
Environmental Quality
December 19, 2023
As required in North Carolina Session Law 2023-108, Section 11, the North Carolina
Department of Environmental Quality's Division of Energy, Mineral, and Land Resources
(DEMLR) is writing to request certain new permissions from the United States Environmental
Protection Agency (EPA). The North Carolina General Assembly has directed the Department to
seek to eliminate redundancies between the state requirements for Erosion and Sediment Control
(ESC) plan approvals and Certificates of Coverage (COC) under the National Pollutant
Discharge Elimination System (NPDES) Construction Stormwater General Permit.
In this letter, we will begin by summarizing the current process for obtaining the two required
approvals. We will also summarize a previous report that examined possible redundancies
between the federal and state requirements. We will then describe two proposals for changes to
these processes, in line with Session Law 2023-108. We are requesting that EPA first consider
whether Proposal A is acceptable. If EPA determines that this proposal is unacceptable, we
request that EPA consider an alternative, Proposal B. We recognize that there may be other
options to meet legislative intent, and we would welcome any other options or information that
EPA can provide that would allow us to meet the requirements of Session Law 2023-108.
Current Process: State Requirements
Under North Carolina's Sedimentation Pollution Control Act of 1973 (G.S. I I3A, Article 4),
construction activities that disturb an acre or more of land, or that are part of a common plan of
development that is one acre or larger, require an ESC plan approval. To obtain this approval,
applicants must provide an appropriately engineered plan outlining the procedures and measures
sufficient to contain sedimentation on site. This plan is reviewed and approved either by
DEMLR or by a local ESC program delegated to a local government by NC's Sedimentation
Control Commission. This ESC plan approval satisfies the requirements under state law.
Current Process: Federal Requirements
These construction activities, however, must also meet federal requirements by obtaining a COC
under the NPDES Construction Stormwater General Permit. DEMLR has delegated authority
from EPA to issue this COC in compliance with federal law. However, applicants do not need to
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
D_E L S12 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707.9200

develop a new engineering plan to obtain this COC. While federal law does require that
applicants provide a Stormwater Pollution Prevention Plan (SWPPP) to obtain a COC, DEMLR
has worked with the EPA to ensure that the engineering plan that applicants submit to obtain an
ESC plan approval can also be used to satisfy the SWPPP requirement for the COC.
As such, the next step in the process is for the applicant to apply for a COC by providing
DEMLR with the ESC plan approval letter (issued by a local government or DEMLR) along
with some additional required information. Based on this, DEMLR can issue a COC under the
NPDES Construction Stormwater Permit to applicants. DEMLR is currently the only entity in
North Carolina that can provide applicants with the COC needed to meet federal requirements.
Once they have obtained the COC and the ESC plan approval, applicants have satisfied both
state and federal requirements.
Previous Evaluation of Possible Redundancies
In preparation for contacting the EPA, DEMLR utilized the NC General Assembly Program
Evaluation Division's (PED) September 1, 2022 "Report to the North Carolina General
Assembly's Environmental Review Commission" of our programs which listed identified
redundancies. The report references the PED's 2019-02 report which identifies the two
programs, Erosion and Sediment Control and NPDES Construction Stormwater, as
complementary to one another. The only duplication identified by the PED was the requirement
to submit the same applicant and project information for both the ESC plan approval and the
COC. Additionally, the report also communicated the regulated community's desire to have both
permits packaged together for a more expeditious permit review and issuance process.
Requested Changes: Proposal A
In order to reduce redundancies in line with Session Law 2023-108, DEMLR requests that EPA
accept the following set of process changes, which we will describe collectively as "Proposal A."
First, we propose that applicants be allowed to apply simultaneously for both the ESC plan
approval and a COC under the NPDES Construction Stormwater Permit. The combined
application would allow for a single review process that covers both state and federal
requirements. Once the review is complete, DEMLR could simultaneously issue a combined
ESC plan approval and COC to the applicant.
Secondly, Session Law 2023-108 directs DEQ to seek authority to allow this combined ESC and
COC application and review process to be managed by "a local government with delegated
authority to operate a local program." In line with this, we are proposing that local governments
with delegated authority from the State to issue ESC plan approvals be automatically allowed to
utilize a single process to also issue both ESC plan approvals and COCs under the NPDES
Construction Stormwater Permit. As such, all local ESC programs would automatically gain
authority to issue COCs under federal NPDES Construction Stormwater requirements by virtue
of their delegation as local ESC programs.
�DKQ North Carolina Department ofEnvironmental Quality I Division of Energy, Mineral and Land Resources
512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612

Requested Changes: Proposal B
If Proposal A is unacceptable to the EPA, we request that EPA find acceptable an alternative
process change laid out below, which we will refer to as "Proposal B." As part DEQ's Permit
Transformation Program (PTP) process, underway for all regulatory programs in the
Department, DEMLR is in the final stages of developing an online platform that would allow
applicants to apply for both an ESC plan approval and a COC through a single online
application. This process would separate the state (ESC) and federal (COC) applications on the
back end and allow DEMLR to conduct separate reviews to ensure both state and federal
requirements are met, but applicants would only have to complete a single application on the
front end. Unlike in Proposal A, DEMLR would separately issue the ESC plan approval and the
COC to the applicant, in line with the respective review timelines for each.
All applicants submitting projects to DEMLR for review would be eligible to use this online
platform. This system would also allow applicants that have been issued an ESC plan approval
from a delegated local ESC program to apply online to DEMLR for a COC. However, applicants
in those jurisdictions would still have to separately apply to the local program for ESC Approval
and later to DEMLR to receive a COC.
In line with Session Law 2023-108, DEMLR requests that EPA first consider Proposal A. If EPA
determines that this proposal is unacceptable, we request that EPA consider an alternative,
Proposal B. DEMLR would also welcome any additional guidance or proposals from EPA
regarding implementation of the goals outlined by the General Assembly in Session Law 2023-
108.
We welcome the opportunity to meet to discuss these requests further. Please feel free to reach
out to me at 919-707-9201 or via email at [e-mail]. We thank you for taking the
time to consider our requests and look forward to your response.
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
cc: Sushma Masemore, Assistant Secretary for Environment, NC Department of Environmental Quality
Bill Lane, Deputy Secretary for Policy & Legal Affairs/General Counsel, NC Department of Environmental Quality
Shrikar Nunna, Director of Legislative Affairs, NC Department of Environmental Quality
�FQ�
North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh North Carolina 27699-1612
919.707.9200

Millis, Chris
From: Nunna, Shrikar <[e-mail]>
Sent: Wednesday, December 20, 2023 11:01 AM
To: Millis, Chris
Cc: Rep. Mark Brody; Minton, Tim; Golann, Skyler
Subject: Re: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
Attachments: DEMLR Letter to EPA 12.19.23.pdf
Chris,
Please find attached a scan of the letter that was sent today. We'll be glad to keep you in the loop once we receive a
response.
Hope you have a restful holiday break, and Merry Christmas!
Best,
Shrikar
From: Millis, Chris <[e-mail]>
Date: Monday, December 18, 2023 at 10:57 AM
To: Nunna, Shrikar <[e-mail]>
Cc: Rep. Mark Brody <[e-mail]>, Minton, Tim <[e-mail]>, Golann, Skyler
<[e-mail]>
Subject: RE: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Thanks, Shrikar ... yes, everything you can share with me would be helpful as we do not want to be making public
comments concerning a matter that DEQ may be already properly addressing.
It is my understanding that I have to get in our comments by the end of the year, which I assume means by the end of
this week to ensure that our comments are received before the Christmas/New Year break. Thank you again!
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Nunna, Shrikar <[e-mail]>
Sent: Friday, December 15, 2023 5:52 PM
To: Millis, Chris <[e-mail]>
Cc: Rep. Mark Brody <[e-mail]>; Minton, Tim <[e-mail]>; Golann, Skyler
<[e-mail]>
Subject: Re: [External] FW: NCG01, NCG25 upcoming renewals, seeking input

Hi Chris,
Hope you're doing well, thanks for reaching out.
We have developed a plan for submittal to EPA, and it proposes two options for their consideration to create a unified
process to cover the requirements of both the State's Sedimentation Pollution Control Act and the NCG01. We've also
requested in the letter that EPA inform us if they have any additional suggestions that could meet the intent of the
legislation. It's our intention to send the letter early next week, and I'm happy to share a copy of the final version with
you.
Hope you have a good weekend!
Best,
Shrikar
Shrikar Nunna (he/him/his)
Director of Legislative Affairs
North Carolina Department of Environmental Quality
Cell: [phone]
[e-mail]
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DapwtrupM at �nvlrpnmantal Oua1i
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.
From: Millis, Chris <[e-mail]>
Date: Thursday, December 14, 2023 at 5:25 PM
To: Nunna, Shrikar <[e-mail]>
Cc: Rep. Mark Brody <[e-mail]>, Minton, Tim <[e-mail]>, Nunna, Shrikar
<[e-mail]>
Subject: [External] FW: NCG01, NCG25 upcoming renewals, seeking input
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Shrikar, I hope you are doing very well!
Quick question: as it pertains to Section 11 of Session Law 2023-108 [H488] (see below), did the Department prepare the
September plan for submittal to the USEPA as required? It would be helpful to know the details of the plan aimed to
comply with the session law before we submit comments to Mr. Clark concerning the NCG01 renewal.
[Section 11 of SL 2023-108]
DIRECT DEQ TO SEEK APPROVAL FROM USEPA TO STREAMLINE IMPLEMENTATION OF REQUIREMENTS OF THE
SEDIMENTATION POLLUTION CONTROL ACT AND FEDERAL REQUIREMENTS FOR STORMWATER DISCHARGES
FROM CONSTRUCTION ACTIVITIES
SECTION 11. No later than September 1, 2023, the Department of Environmental Quality shall develop a
plan for submittal to USEPA that eliminates any program redundancies between the State's Sedimentation

Pollution Control Act of 1973 (Act), and its implementation of requirements for stormwater discharges from
construction activities set forth under the 2022 Clean Water Act National Pollution Discharge Elimination System
(NPDES) general permit for Stormwater discharges from construction activities (Construction Permit), 87 Federal
Register 3522, through NPDES General Permit NCG010000 (NCG01). Specifically, the plan shall include measures
to streamline permitting requirements to ensure persons conducting land -disturbing activity are required to
apply for one permit addressing all federal, State, and local requirements, and, if applicable, that permit may be
issued by a local government with delegated authority to operate a local program in order to eliminate (i)
unnecessary costs to, and duplication of efforts by, persons initiating land -disturbing activities, (ii) unnecessary
delays in project development, and (iii) inefficient use of Department personnel and staff of local governments
that administer delegated erosion and sedimentation control programs. The Department shall report to the
Environmental Review Commission on the status of their activities pursuant to this section quarterly, beginning
August 1, 2024, until such time as the General Assembly repeals this reporting requirement.
Thank you in advance for your time ... all the best!
Chris Millis, PE
Director of Regulatory Affairs
North Carolina Home Builders Association
5580 Centerview Drive, Suite 415
Raleigh, NC 27606
[phone]
From: Clark, Paul <[e-mail]>
Sent: Friday, December 1, 2023 8:41 AM
To: Parrish, Graham <[e-mail]>; Coco, Julie <[e-mail]>; Montebello, Michael J
<[e-mail]>; Anne Coan <[e-mail]>; Keith Larick <[e-mail]>;
[e-mail]; [e-mail]; [e-mail]; Grady O'Brien
<[e-mail]>; Seneres, David J <[e-mail]>; [e-mail]; Goodwin,
Jeremy A <[e-mail]>; [e-mail]; [e-mail];
[e-mail]; Carpenter, Mike <[e-mail]>; Webb, Steven
<[e-mail]>; Minton, Tim <[e-mail]>; [e-mail]; [e-mail];
[e-mail]; Rodgers, Ashley <[e-mail]>; Karyn Pageau
<[e-mail]>; [e-mail]; [e-mail]; [e-mail]
Cc: Lawyer, Mike <[e-mail]>; Georgoulias, Bethany<[e-mail]>
Subject: NCG01, NCG25 upcoming renewals, seeking input
Potentially Interested Parties,
Hi. The NCG010000 - Construction Stormwater General Permit for construction activities that are subject to the NC
SPCA is scheduled to expire March 31, 2024. The NCG250000 — Construction Stormwater General Permit for
construction activities that are not subject to the NC SPCA, but are subject to the federal Clean Water Act, is scheduled
to expire May 31, 2024. DEMLR plans to renew both for issuance on April 1, 2024. DEMLR —Stormwater does not
intend to conduct a formal stakeholder process because Stormwater does not intend to make major changes to either
permit for this upcoming renewal and instead is focusing on introducing a combined electronic application process for
DEQ E&SC approval and NCG010000/NCG250000 coverage and making the new system successful for all
permittees. We are interested in any input you may have on this renewal. Please provide comments to ...
Paul Clark
[e-mail]
[phone]

before the end of 2023 as Stormwater plans to draft the new permit in early 2024 to provide the public plenty of time
for any additional discussion prior to the official public comment period. Please share this email message with other
people who you believe may also want to provide input on these renewals.
Thx
Paul Clark
Water Supply Watershed Protection Coordinator
Stormwater Program
Division of Energy, Mineral, and Land Resources
Department of Environmental Quality
[phone]
[e-mail]
Before printing this email, please consider your budget and the environment.
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Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.