NCC191283_ESC Approval Submitted_20190809

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Vannoy Construction
James B. Maloney
1608 US Hwy 221 North
Jefferson, NC 28640
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North Carolina
Environmental Quality
July 29, 2019
LETTER OF APPROVAL
RE: Project Name: Morris Walker Site
Acres Approved: 7.2
Project ID: Ashe-2019-005
County: Ashe: City: Old Fields
Location: Baldwin Rd
River Basin: New: Stream Class: other
Submitted By: BREC
Date Received by LQS: July 26, 2019
Plan Type: Commercial- Express
Dear Sir or Madam:
This office has reviewed the subject erosion and sedimentation control plan. We
find the plan to be acceptable and hereby issue this Letter of Approval. The enclosed
Certificate of Approval must be posted at the job site. 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 413 .0129.
As of March 1, 2019, all new construction activities are required to complete and
submit an electronic Notice of Intent (NOI) form requesting a Certificate of
Coverage (COC) under the NCG010000 Construction Stormwater General Permit.
This form MUST be submitted prior to the commencement of any land disturbing
activity on this project. The NOI form may be accessed at deq.nc.gQv/NCG01.
Please direct questions about the NOI form to Annette Lucas at
Annette. lucas(a),ncdenr. ov or Paul Clark at Paul. clark(a?nedenr.gov. After you
submit a complete and correct NOI Form, a COC will be emailed to you within
three business days. Initially, DEMLR will not charge a fee for coverage under the
NCGO1 permit. However, on or 1 a $100 fee will be charged
annually.
North Carolina Department of Environmental Quality i Division of Energy, minerals 8 Land Resources
Winston-Salem Regional Office 450 Wast Hanes Mill Road, Suite 300 i 'Kinston -Salem, North Carolina 27105
[phone]

Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following
documentation be kept on file at the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGo1 permit and the COC, after it is received.
3. Records of inspections made during the previous 30 days.
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, 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 insure
compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with
Federal and State water quality laws, regulations, and rules. In addition, local city or
county ordinances or rules may also apply to this land -disturbing activity. This
approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information
provided in the Financial Responsibility Form, which you provided. You are
requested to file an amended form if there is any change in the information included
on the form. In addition, it would be helpful if you notify this office of the proposed
starting date for this project. Please notify us if you plan to have a preconstruction
conference.
Your cooperation is appreciated.
Sincerely,
in
Assistant Regional Engineer
DEMLR
Enclosures: Certificate of Approval
NCG01 Fact Sheet
Cc:
BREC, P.A.
126 Executive Drive, Suite 220
Wilkesboro, NC 28697

Fact Sheet on the New NCGO1 Permit dERQ�
April 2019
The NC Construction General Permit (also known as "NCGOV) 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 [e-mail] or [phone].
Organizational Updates
The new permit:
• Repeats state requirements for E&SC
Plans and organizes them with federal
construction activity requirements;
• Is clearly organized by topic; and
• Has less text and more tables.
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);'
• 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
"calendar days" for clarity and
consistency (p. 11-14);2
• Changes the inspection frequency
(during business hours) to at least
once per 7 calendar days and after
every storm > 1.0 inch (previously 0.5
inch);' and
• Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
place (p. 23).
' This list is based on website guidance
by the DEMLR Sediment Program.
z The number of calendar days was
selected to be as equivalent as
possible with the previous permit.
' The intent is to provide predictability
to the inspection schedule.
Acronyms to Know
COC: Certificate of Coverage, proof of coverage under an NCGO1 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOL Notice of Intent, application form for the NCGO1 permit
e-NOT: Notice of Termination, form for closing out the NCGO1 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
The NCGO1 Process
The new NCGO1 applies to permits approved on or after April 1, 2019.
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
permit. federal rules require that DEMLR receive an NOI on each
construction project and issue each construction project its own COC.
Under the new NCGO1 process, construction sites will continue to
receive approval for E&SC Plans from either DEMLR or the delegated
local E&SC program just like before. After receiving E&SC Plan approval,
permittees will officially obtain coverage under the NCGO1 by
completing an e-NOI (available at deq.nc.gov/NCGO1). The e-NOI will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCGO1
permit but on or around June 1, 2019, DEMLR will begin charging a $100
annual general permit fee as required per §143-215.3D.
DEMLR is working on creating a single application form that will allow an
applicant to simultaneously apply for an E&SC permit and an NCGO1
COC. That effort is part of a larger Permit Transformation project at
DEMLR.

Q&A About the New NCGO1 Permit
Why do construction sites have to do this extra application step?
DEMLR is required by the EPA to issue a specific COC to every construction
site that disturbs one acre or more. DEMLR is working to create a form
that combines the E&SC plan approval and e-NOI processes, but that will
take more time. For now, DEMLR has created an efficient e-NO1 process.
If an E&SC Plan is approved before April 1, which permit applies?
Projects with already approved E&SC Plans will automatically follow the
new NCGO1 permit, but will not need to fill out an e-NO1 or pay an annual
permit fee. However, the permittees should print the new permit and the
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCG01?
Yes, DEMLR will provide two sample plan sheets at deg.nc.gov/NCG01 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-NOI submittal and COC process work?
Permittees will apply for E&SC Plan approvals from either DEMLR or the
delegated 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. The permittee may begin the construction activity after
submittal of the e-NOI, The permittee is required to print a copy of the
permit and retain it on site. Initially, the COC will be issued for free but on
or around June 1, 2019, a $100 annual general permit fee will be charged.
Who is allowed to submit an a-NOI form?
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president, secretary, treasurer, or vice
president or a manager that is authorized in accordance with IV.13.6 of the
NCG01 permit. Additional signatory options are set forth in IV.8.6 of the
permit. It is possible for consultant to prepare the e-NOI, save it as a draft,
and email it to the responsible entity for signature & submittal.
What happens to the COC when the construction activity is complete?
When a project is complete, the permittees will contact DEMLR or the local
delegated program to close out the E&SC Plan. After DEMLR or the local
E&SC program inform the permittee of the project close out via inspection
report, the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT.
Will there be a grace period for adherence to the new process?
DEMLR does not have the authority to grant a grace period from a
federally mandated permit. Permittees will be informed of the new
process via web site, E&SC Plan approval letters and list servs. If a
construction activity disturbs one acre or more (or is part of common plan
of development that disturbs one acre or more) fails to submit an e-NOI
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.
How does the new NCG01 affect the
delegated local E&SC Programs?
Local programs will continue to review
and approve E&SC plans. However,
they will no longer send copies of the
NCG01 with E&SC Plan approvals.
DEMLR will provide sample language to
use in local E&SC Plan approvals to
advise permittees that they must
submit an e-NOI to DEMLR.
Local programs are not required to
check if permittees have submitted e-
NOls to DEMLR. However, if they wish
to do this voluntarily, there will be a
tool available on DEMLR's web site for
them to view a list of construction
projects that have submitted e-NOls.
When local programs close out an E&SC
Plan, the close-out letter will advise
permittees that they must submit an e-
NOT. DEMLR will provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even if those plans are not
compliant with all of the NCG01
requirements. However, their
permittees will be required to add two
plan sheets (which will be provided by
DEMLR) to their E&SC Plans to ensure
that they fully comply with the ground
stabilization, materials handling, and
inspection, record -keeping and
reporting portion of the NCGO1 permit.