HomeMy WebLinkAboutNCC242554_ESC Approval Submitted_20240912 From: Wetherill, Beth <BWetherill@nhcgov.com>
Sent: Friday, July 5, 2024 6:53 PM
To: William Bland
Cc: Jason Clark; Amy Norris
Subject: Murrayville Road Extension Stockpile Rev. 10C Land Disturbing Permit
Attachments: Murrayville Road Extension Stockpile Rev. 10C Permit @ Springwater Reserve & Hanover
Reserve.pdf; NCGO1 Fact Sheet Information.pdf; NCGO1 Reports for Developers.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Will,
Please sign and return a copy of this permit to our office.
If you choose not to have a preconstruction meeting you must notify us when work is planned to begin.
And again, once the initial erosion control measures have been installed.
I apologize it too so long to get this issued,
Beth Wetherill
Engineering Specialist
New Hanover County- Engineering
(910)798-7432 p 1 (910)798-7805 f
BWetherilk( nhcgov.com
230 Government Center Drive, Suite 160
Wilmington, NC 28403
www.NHCgov.com
file:///G/...0-%20Att%20Approved%20EC%20Permit%20Murrayville%20Rd%20Ext%20Stockpile%20Rev.%2010C%2OLD%20Permit.htm[7/26/2024 9:26:19 AM]
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NEW HANOVER COUNTY
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I ;t•. . ➢01 ENGINEERING
3 _ 230 Government Center Drive, Suite 160, Wilmington, NC 28403
p 1 1. I1 / P:(91 r) -'98-7139 I F: (910)798-7805 9 NHCgov.com
('''.84susi1VI`" Tirn Lowe, PE, County Engineer
July 5, 2024
TDR-HL, LLC
P.O. Box 381,
Wrightsville Beach, North Carolina 28480
RE: Grading Permit GP # 3-16 Revision 10C Murrayville Road Extension Stockpile at Springwater
Reserve/Hanover Reserve
Dear Mr. William Bland
This office has reviewed the erosion and sedimentation control plan. We find the plan to be acceptable
and hereby issue this land-disturbing permit with modifications. Please read the permit conditions
carefully, return the signed color original to our office and keep the copy for your records. A copy of the
enclosed land-disturbing permit must be posted at the job site. This letter gives the notice required by
GS 113A-61.1(a) and the New Hanover County Erosion and Sedimentation Control Ordinance Article VIII
Section 8.20 of our right of periodic inspection to ensure compliance with the approved plan.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (e-NOI) 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 applicable 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 e-
NOI form and fee details may be accessed at deq.nc.gov/NCG01. Please direct questions about the e-
NOI 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.
A copy of the enclosed land-disturbing permit,a copy of the approved erosion and sedimentation control
plan as well as any approved deviations, records of inspections made during the previous 12 months with
the States Certificate of Compliance (COC) number on the report, and a rain gauge must be posted at the
job site as required by 15A NCAC 4B .0118(a), the NCGO1 permit, and the New Hanover County Erosion
and Sedimentation Control Ordinance Article VIII Section 8.18(0).
The land disturbing fee of$921 is due to be paid to New Hanover County Engineering, to my attention
upon receipt of this permit.
A preconstruction meeting is optional prior to land-disturbing activity on this project. Please contact me
at (910) 798-7139 if you would like to schedule this meeting in our office. If you choose not to have a
preconstruction meeting,you must contact us with the date the land-disturbing activity will take place
onsite and again once the initial erosion control measures are installed.
Page 2 of 2
New Hanover County's Erosion and Sedimentation 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 Statutes 113A-
51 through 66), and the New Hanover County Erosion and Sedimentation Control Ordinance Article VIII
Section 8.18 (F), this office may require revisions to the plan and its implementation of the revisions to
ensure compliance with the Act and Ordinance.
This land-disturbing permit will expire within 1 year following the date of approval, if no land-disturbing
activity has been undertaken,as required by the New Hanover County Erosion and Sedimentation Control
Ordinance Article VIII Section 8.17 (D). If no activity takes place within one year after work has begun
onsite,the permit will expire. Please contact this office to reactivate a permit that has expired.
Acceptance and approval of this erosion control plan is conditioned upon your compliance with Federal
and State water quality laws, regulations and rules and local city or county ordinances or rules.This land-
disturbing permit approval does not supersede any other permits or approvals. It is the owner's
responsibility to have all the permits and approvals that are required, prior to beginning construction.
Please note this approval is based in part on the accuracy of the information provided in the Financially
Responsibility Form,which you provided.You are required to file an amended form if there is any change
in the information included on the form.
Your cooperation is appreciated,
Beth Easley Wetherill,CPESC
Erosion Control Supervisor
Enclosures: Land-Disturbing Permit
NCGO1 Fact Sheet and Self Inspection & Monitoring Form
cc: Zachary Dickerson, NHC Planning
Jason Clark PE, Norris&Tunstall Consulting Engineers PC
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VA' o I Permit GP#3-16
'1y;, --`.`' ;z, Revision 10C
\-/- , ,1 I t is
LNDP 19-00115
Permit for a Land-Disturbing Activity
New Hanover County
Department of Engineering
230 Government Center Drive-Suite 160
Wilmington, North Carolina 28403
(910) 798-7139
As authorized by the New Hanover County Erosion and Sedimentation Control Ordinance
This permit issued to TDR-HL, LLC authorizes the development of 3.07 acres of land at 1308 Crooked
Piner Road for Murrayville Road Extension Stockpile in New Hanover County with modifications. The permit
issued on July 5, 2025, is subject to compliance with the application and site drawings, all applicable regulations
and special conditions and notes set forth below. Anyplan modifications must be approved by this office prior
to field changes.
It is understood by the applicant that a representative of New Hanover County's Engineering Department
may inspect the site at any time following the issuance of this Permit. A copy of the approved Soil Erosion
Control Plan as well as any approved deviations, this permit, a rain gauge,the Certificate of Coverage (COC)
number from the State and copies of the Combined Self-Monitoring and Self-Inspection Reports must be
available at all times at the site.
Failure to execute the provisions of this permit and the approved Soil Erosion Plan, or any other provisions
of the New Hanover County Soil Erosion and Sedimentation Control Ordinance, may result in immediate legal
action by the County to the limits prescribed by the Ordinance. If the measures outlined on the approved Soil
Erosion Control Plan and this Permit prove insufficient, additional Erosion Control measures can and will be
required which in turn will be considered provisions of this Permit. This Permit does not preclude any other
permits or approvals necessary for beginning or completing this development. Approval of an erosion control
plan is conditioned on the applicant's compliance with Federal and State laws, regulations, and rules. It is the
Permittee's responsibility to obtain all necessary permits and approvals and to ensure the information given for
this permit is accurate and updated if ownership or the financially responsible party changes.
SPECIAL CONDITIONS
(THESE CONDITIONS MUST BE FOLLOWED IN ADDITION TO THE PLANS AND SPECIFICATIONS)
*All the soil erosion control measures will be installed as the site is cleared and maintained throughout
construction. These include a construction entrance, silt fences, a stabilized 10-foot-high stockpile, 20-foot
buffers inside the LOD and a minimum of 25-foot construction buffers outside the LOD. If sediment or any
disturbance encroached into the 25-foot construction buffers, silt fence will be immediately installed per Note 3
on page Cl and the cross section on C-1. NOTE: Part 2 Section G Item 4 of NCG01 is on page C2 for the Sediment
Basin Drawdown information.
*Note the required separate NCG01 permit that requires concrete washouts and other NCG01 regulations.
*In issuing this permit New Hanover County has relied on the representations of the permit applicant. The County
has no jurisdiction to determine any contested property rights or ownership.
(Continued) - Page Two Permit GP#3-16
Revision 10C
LNDP 19-00115
*Tree Removal Permits and/or Approvals are required from the City of Wilmington and/or New Hanover
County PRIOR to clearing of the site.
*Silt fence stakes must be steel and will be placed six feet apart without wire reinforcement or eight feet apart
with wire reinforcement. Silt fence is not allowed as inlet protection.
*This permit does not preclude any permits or approvals which may be necessary such as City of Wilmington or
New Hanover County, NC DEMLR, C.A.M.A., and/or the US Army Corps. of Engineers, DEM Solid Waste or any
other agencies or approvals that may be necessary.
*No sediment shall leave the site in suspension of water.
*If plan revisions are necessary, you must submit a copy to this office for approval prior to any field changes.
*If soil is brought onto this site or removed from this site, it must come from or be taken to an approved or
permitted site, to be identified to this office prior to being brought onsite or removal from the site.
*All City and/or County and State drainage and stormwater requirements will be adhered to.
*If these measures fail to adequately control erosion, more restrictive measures will be required.
*If any phase of grading ceases for more than 90 calendar days,the site will be temporarily stabilized.
*All slopes must be stabilized within 21 calendar days of any phase of activity.
The approval of an erosion control plan is conditioned on the applicant's compliance with Federal and State
Water Quality laws, regulations, and rules.
*Note the required rates for seed, lime, fertilizer, and mulch in your seeding specifications.
*Enclosed is a Combined Self-Monitoring and Self-Inspection Form that meets the requirements of both the
NPDES Stormwater Permit for Construction Activities, NCG 010000 reporting and the Land Resources Self-
Inspection Program that satisfies the requirements of the Sedimentation Pollution Control Act.These are
mentioned below with specific requirements for each program.These reports are the responsibility of the
property owner. They require a rain gauge onsite, inspections and reporting every 7 calendar days and within
24 hours of every 1.0-inch rain per 24-hour period and at specific phases of construction. Additional copies of
this Combined Construction Inspection Report can be found at https://www.deq.nc.gov/about/divisions/energy-
mineral-and-land-resources/erosion-and-sediment-control-and-sediment-control-forms . Reports must be
available onsite at all times. If you have questions, please contact New Hanover County Engineering(910) 798-
7139 or the Land Quality Section at the NC DEMLR Regional office at (910) 796-7215.
*Note the NPDES information from the State for sites disturbing 1 acre or more and the reporting
requirements. All NEW projects permitted after August 3, 2011, must include the following surface water
withdrawal locations and stabilization requirement designations on the plan in order to qualify for coverage
under the most recent NPDES Construction General Permit. All settling basins must have outlet structures that
withdraw water from the surface, with the exception of basins or traps that have a drainage area of less than 1
acre. The NPDES permit also requires ground cover within 14 calendar days on disturbed flat areas and ground
cover within 7 calendar days on all areas within HQW Zones, perimeter dikes, swales, ditches, perimeter slopes
and all slopes steeper than 3:1. Exceptions include slopes that are 10 feet or less in length and not steeper than
2:1 which must be stabilized within 14 calendar days and slopes greater than 50 feet which must be stabilized
within 7 calendar days. It requires inspections of all erosion control measures and reporting every 7 days and
within 24 hours of every 1.0-inch rain event in a 24-hour period. This permit also includes other new
requirements which are listed in the text of the NPDES Stormwater Discharge Permit for Construction Activities
and are included with the original copy of each land-disturbing permit.
(Continued) - Page Three Permit GP#3-16
Revision 10C
LNDP 19-00115
*As of April 1, 2019, all new construction activities are required to complete and submit an electronic Notice of
Intent (e-NOI)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 applicable annual permit fee of$120. 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 e-NOI form and fee details may be accessed at
deq.nc.gov/NCG01. Please direct questions about the e-NOI 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. Once the project is stabilized and receives the final land-disturbance inspection,you should file a
Notice of Termination (NOT) with the State to final out the project.
*Note the Land Resources Self Inspection Program Requirements. This program is separate from the NPDES
reporting and requires inspection and documentation after each phase of construction.These phases include:
Installation of perimeter erosion control measures, Clearing and Grubbing of existing ground cover, Completion
of any phase of grading of slopes or fills, Installation of storm drainage facilities, Completion of construction or
development, Establishment of permanent ground cover sufficient to restrain erosion and any Deviation from
the approved plan.
*Pre-construction meetings are optional. Contact Beth E. Wetherill at (910) 798-7139 to set up a meeting prior
to land-disturbing activity onsite. If you do not choose to have a preconstruction meeting prior to starting work
on site, you should contact us when activity begins and again when the initial measures have been installed.
This Permit will expire one year from date of issue Acknowledgment of receipt of Permit
if no construction activity begins on site.This permit
may not be amended or transferred to another party
without approval of this office. - --
Owner
...g LA) By (please print)
Beth E. Wetherill CPESC
Erosion Control Supervisor
Signature
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 NCGO1 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 Annette.lucas@ncdenr.gov 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 NCGO1 permit
• Is clearly organized by topic;and a-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 �T ,I •
The new permit: • - ••
• Requires that the E&SC Plan meet
SWPPP requirements(p.2);
• Provides a list of items that must be - - w
included In the SWPPP,such as the '*"
construction sequence, plans, -
calculations,etc.(p.2-4);1 _ •
i • 1 i ( -If
• Has updated language on bypasses and '•_-�; ~} -- �..`1
upsets that is tailored to construction - -
activities(p. 10); •
•
• Puts all timeframes for inspections, W'
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 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 NCGO1 by
place(p. 23). completing an a-NOI (available at deo.nc.eov/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 NCG01
to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at
DEMLR.
Q&A About the New NCGOI Permit
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 a-NOJ 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. lr
Will DEMUR offer tools to help permittees comply with the new NCGO1?
Yes,DEMLR will provide two sample plan sheets at deci.nc.govJNCG01 that
can be placed into the E&SC plan set.The first covers the site stabilization k
and materials handling portions of the permit. The second sheet covers
the inspection,record-keeping and reporting portions of the permit. —� . 1v
a
How will the new a-NOi submittal and COC process work? ` t
Permittees will apply for E&SC Plan approvals from DEMLR or the local
E&SC program Ilke before.The E&SC approval letter will Instruct the
permittee to visit deq.nc.gov/NCGO1 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 mpy of the NOIs 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 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 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 ire requments.However,their
report,the permittee will visit deq.nc.gov/NCGO1 to submit an a-NOT. p requirements.
es 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.Permlttees 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 fore project
approved under the DEMUR Express
review program.
The NCG01 and Single Family Lots/Outparrcels
The NC301 permit applies to owners or operators of construction activities, Including clearing,
grading or excavation activities that result In the disturbance of land greater than or equal to one
acre, or that are part of a common plan of development of that size.
Definitions:
"Common plan of development" means an area%mere multiple separate and distinct land
disturbing activities may be taking place at different times and on different schedules, but under
one proposed plan. EPA broadly defines `one plan"as any announcement or piece of
documentation(Including a sign, public notice or hearing,safes pitch,advertisement,drawing,
permit application, zoning request, computer design, etc.)or physical demarcation(including
boundary signs, lot stakes,surveyor marldngs,etc.)indicating construction activities may occur
on a specific plot.
"Subdivision' means the development and division of a lot,tract,or parcel of land into two or
more lots, plats,sites,or otherwise for the purpose of establishing or creating a subdivision
through sale, lease, or building development Development includes, but is not limited to,the
design work of lot layout, the construction of drainage structures, the construction of buildings or
public use areas, the planning and construction of public streets and public roads, and the
placement of public utilities.
The Bottom Line:
Common plans of development include,the individual portions of a development or subdivision
(for example, a building and its associated parking lot and driveways or Individual lots within a
building complex). Therefore,these individual portions typically require an NCGO1 Certificate of
Compliance(COC),even if they disturb lees than an acre by th m selves. And, per the EPA the
NCGO1 COC must be issued to the owner or operator. It cannot be issued to a group of
different builders.
DEMLR is Providing Flexibility:
DEMLR can Issue NCGO1 COCA on a`per subdivision, per owner' basis. In other words, if a
Wilder wishes to take down and sell lots throughout the development of a subdMslon,that
builder may obtain one COC for the entire subdivision and then take down, build, and sell as
many lots as he/she wishes until the completion and close-out of the final lot. The builder will
complete the e-NOI after receiving E&SC plan approval for the first lot(or group of lots). This
NCGO1 COC will cover the builder's construction activities in the subdivision until the final close-
out Inspection of the builder's final lot. Upon receiving documentation of the termination of the
MSC plan approval and/or associated grading or land-disturbing permits,the builder may
submit the Mice of Termination(e-NOT)to end NCGO1 coverage for that subdivision for
their owned and completed lots.
Can a CDC be Transferred?
No, the NCGDI COC is not transferrable. If lots are transferred to a new owner,then the new
owner awl complete an s-NOI and receive his or her own CDC.
Scenarios that require an NCGO9 COC:
A land developer permits and disturb only the original streets and infrastructure
installation for a subdivision even If the disturbance is less than one acre.
A builder purchases 4 lots for development at 0.15 acres each In a 10-acre subdivision
(even though the disturbance for the lots Is only 0.60 acre,the disturbance for the overall
subdivision is over 1.0 acre and the lots are part of the common plan of development for
the overall subdivision.)
A utility company constructs two oil and gas well pads that are 500 feet apart built by the
same owner with each pad disturbing 0.75 acre'(Common plan of development)
A developer builds on a 0.50 acre outparcel in a 4-acre commercial development
What if the above scenarios do not require an E&SC Plan Approval?
Construction activities that do not require an &sc Plan or NUM, coverage must still adhere
to the applicable mandatory standards for land-disturbing activity In the Sedimentation and
Pollution Control Act[G.S. 113A-67(1)&(2)]. These standards include proving a buffer zone,
stabilizing slopes, maintaining sediment on site and providing ground stabilization. DEMLR will
provide a number of acceptable sample single family lot E&SC Plans on its web site. In addition,
the owner or operator will be required to submit an e-NOI and adhere to the permit
requirements. DEMLR will also add some additional language in the NCG01 permit to clarify
that there will not be an"E&SC Plan authority that reviews and approves the E&SC Plan in
those cases.
Which Individual lots/par do NOT need an NCGOT COC?
lithe disturbance is less then one acre and the lot Is not part of a Common Plan of
Development,then NCt301 coverage is not needed. Typically, a lot Is not part of a Common
Plan of Development when both of the following apply:
The lot is not subject to subdivision covenants, and
The lot Is not shown on a master plan.
What if the delegated local program does not provide an approval letter or a
termination/11nel Inspect report?
if a local delegated program Is unable to approve an E&SC Plan for any construction activity or
Is not able to provide an approval letter or terminatiorAnal inspection report,then DEMLR
regional office staff can conduct the review, approval,Inspections and its,
Feet Sheet on the New NCGOI Permit
April 2019
The NC Construction General Permit(also known as'NCGO1")was renewed on April I,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 NCGO1 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 Annette.lucas@ncdenr.eov 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 NCGO1 permit
• is clearly organized by topic;and e-NOT: Notice of Termination,form for dosing out the NCGO1 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan,required by the NCGOI
Technical Updates
The new permit: ; .
• Requires that the E&SC Plan meet G
SWPPP requirements(p.2); + •4 -
• 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 NCGO1 Process
"calendar days"for darity and The new NCG01 applies to permits approved on or after April 1,2019.
consistency(p. 11-14);2 Permlttees 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
once per 7 calendar days and after permit.Federal rules require that DEMLR receive an NOI on each
every storm>1.0 Inch(previously 0.5 construction project and issue each construction project Its own COC.
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 dea.nc.nov/NCGO1). 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
2The 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 flee as required per§143-215.3D.
possible with the previous permit. DEMLR Is working on creating a single application form that will allow an
' 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.
t
CAA About the New NCGO1 Permit
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? �s
Yes, DEMLR will provide two sample plan sheets at deo.nc.eov/NCGQ1 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
the inspection,record-keeping and reporting portions of the permit.
How will the new a-NOt submittal and COC process work? .e•4.
Permittees will apply for E&SC Plan approvals from DEMLR or the local111.15FIPP •
E&SC program like before.The E&SC approval letter will instruct the
permittee to visit dea.nc.aov/NCGO1 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 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 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.8.6 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 r
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.
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.eov/NCGO1 to submit an e-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 havethe 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 *Or.24 business hours fora project
requirements and the permittee could be subject to a penalty assessment. approved under the DEMLR Express
review program.