NCC231025_ESC Approval Submitted_20230418

DocuSign Envelope ID:65FBF032-E3B7-45D4-B485-59D444AE7D23
ROY COOPER
Governor
ELIZABETH S.BISER _
Secretary `
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality
December 2, 2022
LETTER OF APPROVAL WITH MODIFICATIONS
York Road Kings Mountain Inv. LLC
Attention: Bill Hester, Manager
5925 Carnegie Blvd., Suite 200 •
Charlotte, North Carolina 28209
RE: Project Name: Southern Artisan Spirits
Project ID: CLEVE-2023-014
Acres Approved: 5.71
County: Cleveland
City: Kings Mountain
Location: York Road
River Basin: Broad
Stream Classification: Other
Submitted By: Diamond Engineering, PLLC
Date Received by LQS: November 21,2022
Plan Type: Revised
Dear Mr. Hester:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable with modifications and hereby issue this letter of Approval with Modifications. The
Modifications Required for Approval are listed on the attached page. This plan approval shall expire three
(3) years following the date of approval, if no land-disturbing activity has been undertaken, as is required
by Title 15A NCAC 4B .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an electronic
Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction General Permit. After the form is reviewed and found to be complete, you will receive a
link with payment instructions for the $100 annual permit fee. After the fee is processed, you will receive
the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this
project, you MUST obtain the COC prior to commencement of any land disturbing
activity. The eNOl form may be accessed at deq.nc.gov/NCG01. Direct questions about the eNOI form
to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project
changes in the future, the new responsible party must obtain a new COC.
Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation be kept on
file at the job site:
�- North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office I 610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
D. 704.663.1699

DocuSign Envelope ID:65FBF032-E3B7-45D4-B485-59D444AE7D23
Letter of Approval with Modifications
York Road Kings Mountain Inv. LLC
December 2, 2022
Page 2 of 3
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
Also,this letter gives the notice required by G.S. 113A-61.1(a)of our right of period il' I i i i ion to ensure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, rc,1 1 I I protection of
existing natural resources and adjoining properties. If, following the commencenrrni , ,Iii . project, it is
determined that the erosion and sedimentation control plan is inadequate to meet thi i iiii nlcnts of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 111 \ ,,,"oh 66), this
office may require revisions to the plan and implementation of the revisions to en hi i rip!iance with
the Act.
Acceptance and approval of this plan is conditioned upon your compliance with I;r i . Ili I state water
quality laws, regulations, and rules. In addition, local city or county ordinances or rill, II.so apply to
this land-disturbing activity. This approval does not supersede any other permit or ;Ii,i 1
Note that this approval is based in part on the accuracy of the information prov hi i i die Financial
Responsibility Form, which you provided. You are requested to file an amended i i i i 1 I here is any
change in the information included on the form. In addition, it would be helpful i I , 1 1\ this office
of the proposed starting date for this project. Your cooperation is appreciated.
Sincerely,
c DocuSigned by:
\ 8B37DAC4A101441:
Kenny S. Llywelvll
Assistant Regional I Hi i i, i
Land Quality Sect i(0 i
Enclosures: Certificate of Approval
Modifications Required for Approval
NCGO1 Fact Sheet
c: Diamond Engineering, PLLC
Attn: Johnny Denton
440 Old NC 277 Loop Road
Dallas,North Carolina 28034
_� NorthMooresv CarolinaillR Departmentegi !Offi of
I Env6l0ironmentalEastC Quality Al
venue,S Iuite Di isi m nt\FL h aces
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'"rT"C�'r(e sl.'. 704.663.1699
kinnmen1 al EmlN.,./m l ot.ot

sCERTIFICATE OF PLAN APPROVAL
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The p•iysting of this certificate certifies that :. n erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environmental Quality in
accordance with N,arth . General St: tute 113A — 57 (4) and 113A — 54 (d) (4) and North ,
Car i lino Ad inistrative Code, Title 15A, Chapter 4B.0I07 (c). This certificate must be posted
at the prim .zry entrance of the job site before c,instruction begins and until establishment of
permanei;t grondcover as required by North Carolina Adn .inistrative Code, Title 15A,
Ch;. Ater 4 t.0127 (b).
F Sout ' ern Artisan Spirits York Road Kings Mountain, North Carolina
Project Name and Location
December 2, 2022 CLEVE-2023-014
f Plan Approval
Project Number
Kenny S. Llywelyn
N CGO1 Certific;. to of Coverage # °' # ° � '"' Asst. Regional Engineer

DocuSign Envelope ID:65FBF032-E3B7-45D4-B485-59D444AE7D23
Letter of Approval with Modifications
York Road Kings Mountain Inv. LLC
December 2, 2022
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Southern Artisan Spirits
Project ID: CLEVE-2023-014
County: Cleveland
Reviewed by: Kenny S. Llywelyn
1. Emergency Spillway from basin is shown outside the LOD (limits of disturbance) and outside of the
property line. Correct the spillway that it is on the same tract and include it into the LOD.
2. Emergency Spillway is not shown on the plans. There is no information about an emergency spillway
in the calculations either. Submit calculation and proposed location of emergency spillway. It is highly -
recommended that the emergency spillway be located in the least amount of fill or in cut area of the
impoundment crest, as much as possible.
3. Additional measures may be needed for this project including check dams and additional silt fence
throughout the different phases of development.
•
—,..--ANorthCarolina Departmv Quality I Division of Energy,Mineral and Resources
�}� MooresaCaroliille Regina!Officenet of IEn 610ironmental East Center Avenue,Suite 101 I Mooresville_North Carolina 78115
'I— ' 'I'
wennwm n en.'���,�- ,w 704.663.1699

Fact Sheet on the New NCGO1 Permit _E
V)
April 2019 ,. ,a>_,.. Q
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 [e-mail] or(919)707-3639.
Organizational Updates Acronyms to Know
The new permit: COC: Certificate of Coverage, proof of coverage under an NCGO1 permit
• Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral, and Land Resources
Plans and organizes them with federal E&SC: Erosion &Sedimentation Control
construction activity requirements; e-NOI: Notice of Intent, application form for the NCG01 permit
• Is clearly organized by topic; and e-NOT: Notice of Termination, form for closing out the NCG01 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
Technical Updates
The new permit:
• Requires that the E&SC Plan meet
SWPPP requirements (p. 2);
• Provides a list of items that must be - �
included in the SWPPP, such as the
construction sequence, plans,
calculations, etc. (p. 2-4);1
• Has updated language on bypasses and
upsets that is tailored to construction
activities (p. 10);
• Puts all timeframes for inspections,
record-keeping and reporting in The NCG01 Process
"calendar days" for clarity and The new NCG01 applies to permits approved on or after April 1,2019.
consistency (p. 11 14);Z Permittees will no longer receive a copy of the NCGO1 permit in the mail
• Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the
(during business hours) to at least permit. Federal rules require that DEMLR receive an NOI on each
once per 7 calendar days and after construction project and issue each construction project its own COC.
every storm > 1.0 inch (previously 0.5
inch);3 and Under the new 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 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 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.

Q&A About the New NCGOI Permit,
Why do construction sites have to do this extra application step? How does =01 affect the
DEMLR is required by the EPA to issue a specific COC to every construction delegated i oograms?
site that disturbs one acre or more. DEMLR is working to create a form Local progra,,: n nue to review
that combines the E&SC plan approval and e-NOI processes, but that will and approve His However,
take more time. For now, DEMLR has created an efficient e-NOI process. they will no [en ,d copies of the
NCGO1 with I 1 approvals.
If an E&SC Plan is approved before April 1, which permit applies? DEMLR will 1,aple language to
Projects with already approved E&SC Plans will automatically follow the use in local approvals to
new NCGO1 permit, but will not need to fill out an e-NOI or pay an annual advise perm !hey must
permit fee. However,the permittees should print the new permit and the submit an e \„1LR.
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCGO1?
Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCG01 that kr'
can be placed into the E&SC plan set. The first covers the site stabilizationa ,.
and materials handling portions of the permit. The second sheet covers
the inspection, record-keeping and reporting portions of the permit. t 1: ",
How will the new a-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 progr Inquired to
The permittee maybegin the construction activity after receipt of the COC check if r,,_ submitted e-
(within three days*).The permittee must print and retain a copy of the NOIs to Di �, r. if they wish
permit and the COC on site. Initially, the COC will be issued for free but on to do this re will be a
or around June 1, 20'19, a $100 annual general permit fee will be charged. tool av�ilai, s web site for
them to instruction
Who is allowed to submit an e-NOI form? projects i_ i.a, ted 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 to `'' "`c out an E&SC
president or a manager that is authorized in accordance with IV.B.6 of the Plan, the cl will advise
NCGO1 permit. Additional signatory options are set forth in IV.B.6 of the permittee t submit an e
permit. It is possible for consultant to prepare the e-NOI, save it as a draft NOT. DF�,ll_ L, ;ample
and email it to the responsible entity for signature & submittal. Iangua F
Local prof;,-,, move E&SC
What happens to the COC when the construction activity is complete? plans that iirrient laws
When a project is complete, the permittees will contact DEMLR or the local and rules rHans are not
delegated program to close out the E&SC Plan. After DEMLR or the local compliant NCGO1
E&SC program inform the permittee of the project close out via inspection
requires Tins their
report, the permittee will visit deq.nc.gov/NCGO1 to submit an e-NOT. permittee wed to add two
Will there be a grace period for adherence to the new process? plan shee !,f, provided by
DEMLR does not have the authority to grant a grace period from a DEMLR) tr i,,ns to ensure
federally mandated permit. Permittees will be informed of the new that theyii t}h the ground
process via web site, E&SC Plan approval letters and list servs. If a stabilizatic r , indling, and
inspection. gig and
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 reporting ICGOl 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. Or`, °`' project
approvrcr„ 1LR Express
reviews nr,,,;