NCC231774_ESC Approval Submitted_20230620

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ROY COOPER s it. 1..
Governor 3 IIY ,..�1�
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ELIZABETH S.BISER
Secretary .Y W✓a'0.=
DOUGLAS R.ANSEL NORTH CAROL€NA
interim Director Environmental Quality
May 30, 2023
LETTER OF APPROVAL JUN 01 71)23
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North Carolina State Ports Authority
ATTN: -Brian E Clark, Executive Director
PO Box 9002
Wilmington,NC 28402
RE: Project Name: Port of Wilmington -Area L Yard Improvements
Project ID:NEWHA-2023-023
County: New Hanover
City: Wilmington
Address: 1 Shipyard Blvd.
Acres Approved: 8.60
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Joe Boyd,PE,WithersRavenel
Date Receive by LQS: May 01, 2023
Plan Type: Commercial
Dear Mr. Clark:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of
Approval with Modifications and Performance Reservations. A list of the modifications and reservations is
attached if required. This plan approval shall expire three(3)years following the date of approval.If no land
disturbing activity has been undertaken,as is required by Title 15A NCAC 4B.0129. Should the plan not perform
adequately,a revised plan will be required(G.S. 113A-54.1)(b).
As of April 1,2019,all new construction activities are required to complete and submit an electronic Notice of
Intent(eNOI)form requesting a Certificate of Coverage(COC)under the NCG010000 Construction General
Permit. After the form is reviewed and found to be complete,you will receive a link with payment instructions
for the$100 annual permit fee. After the fee is processed,you will receive the COC via email. As the Financially
Responsible Party shown on the FRF from submitted for this project you MUST obtain the COC prior to
commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGOI.Please
direct questions about the eNOI changes to the Stormwater Program Staff in the Raleigh central office. If the
owner/operator of the project changes in the future,the new responsible party MUST obtain a new COC.
Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following documentation be kept on file at
the job site:
1. The approved E&SC plan as well as any approved deviation.
2. The NCGO1 permit and the COC,once it is received.
3. Records of inspections made during the previous 12 months.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
•/� Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
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Letter of Approval
North Carolina State Ports Authority
May 30,2023
Page 2 of 4
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to ensure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control 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 Statute 113A-51 through 66),this office may require revisions to the
plan and implementation of the revisions to ensure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality
laws, regulations, and rules. In addition, local city or county ordinances or rules may also apply to this land
disturbing activity. This approval does not supersede any other permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the Financial
Responsibility Form,which you provided. This permit allows for a land-disturbance,as called for on the application
plan,not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require
a revised plan and additional application fee. 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,
Mike Cook
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications Required for Approval
NPDES NCG01 Fact Sheet
cc: Joe Boyd,PE, WithersRavenel
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North Carolina Department o€Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
soRTH CJROflNA
DeP.rhnent al EnvIronmntal ouuny 910.796.7215

Letter of Approval
North Carolina State Ports Authority
May 30,2023
Page 3 of 4
Approval Letter and Conditions
Project Name: Port of Wilmington-Area L Yard Improvements
Project ID: NEWHA-2023-023
County:New Hanover
1. 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.
2. The developer is responsible for the control of sediment on-site. If the approved erosion and sedimentation
control measures prove insufficient,the developer must take those additional steps necessary to stop sediment
from leaving this site(NCGS 113A-57(3)). Each sediment storage device must be inspected after each storm
event(NCGS 113A-54.1(e)). Maintenance and/or clean out is necessary anytime the device is at 50%capacity.
All sediment storage measures will remain on site and functional until all grading and final landscaping of the
project is complete(15A NCAC 04B .0113).
3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development
unless otherwise noted. The removal of vegetation within any existing ditch or channel is prohibited unless the
ditch or channel is to be regarded with side slopes of 2 horizontal to 1 vertical or less steep (15A NCAC
04B .0124 (d)). Bank slopes may be mowed but stripping of vegetation is considered new earth work and is
subject to the same erosion control requirements as new ditches(NCGS 113A52(6)).
4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of
this project prior to the commencement of this land disturbing activity. This could include our agency's
Stormwater regulations and the Division of Water Resources'enforcement requirements within Section 401 of
the Clean Water Act,the U.S. Army Corps of Engineers'jurisdiction of Section 404 of the Clean Water Act,
the Division of Coastal Management's CAMA requirements,the Division of Solid Waste
Management's landfill regulations, the Environmental Protection Agency and/or The U.S. Army Corps of
Engineers jurisdiction of the Clean Water Act, local County or Municipalities' ordinances,or others that may
be required. This approval cannot supersede any other permit or approval; however, in the case of a Cease-
and-Desist Order from the Corps of Engineers,that Order would only apply to wetland areas. All highlands
would still have to be in compliance with the N.C. Sedimentation Pollution Control Act.
5. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act,the developer is
responsible for compliance with the requirements of the Division of Water Resources (DWR), the Corps of
Engineers and the Environmental Protection Agency (EPA) respectively. Any erosion control measures that
fall within jurisdictional wetland areas must be approved by the aforementioned agencies prior to installation.
The Land Quality Section must be notified of a relocation of the measures in question to the transition point
between the wetlands and the uplands to assure that the migration of sediment will not occur. If that relocation
presents a problem or contradicts any requirements of either DWR,the Corps,or the EPA,it is the responsibility
of the developer to inform the Land Quality Section regional office so that an adequate contingency plan can
be made to assure sufficient erosion control remains on site. Failure to do so will be considered a violation of
this approval(NCGS 113A-54.1(b)).
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
N.N,1:E,,IG1,
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\41

Letter of Approval
North Carolina State Ports Authority
May 30,2023 .
Page 4 of 4
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source.
Any soil waste that leaves this site can be transported to a permitted mine or separately permitted construction
sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would have to be
included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 8.60 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface,over that already noted on the approved plan,would also
require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention
measures(NCGS 1 13A-54.1(b)).
8. The plan includes a very specific phasing schedule. If it proves impractical to follow the proposed phasing
schedule,a revised plan will be required.
9. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight
(8)feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support,
i.e., the spacing distance needs to be reduced to no greater than six(6) feet apart(E&SC Planning & Design
Manual 6.63,Rev.6/06).
10. A graveled construction entrance must be located at each point of access and egress available to construction
vehicles during the grading and construction phases of this project. Access and egress from the project site at
a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the
entrances is critical(113A-54.1(b)).
11. As a condition of the NPDES General Stormwater Permit(NCG010000),the fmancially responsible party shall
comply with the NCGO 1 Ground Stabilization and Materials Handling requirements that became effective April
I, 2019. The NCGOI Ground Stabilization and Materials Handling standard detail can be printed from the
deq.nc.gov/NCGO1 website.
12. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall
comply with the NCGO1 Self-Inspection, Recordkeeping and Reporting requirements that became effective
April 1,2019. The NCGO1 Self-Inspection,Recordkeeping and Reporting standard detail can be printed from
the deq.nc.gov/NCGO1 website.
13. As a part of routine monitoring of the approved land-disturbing activity,the financially responsible party shall
assure inspections of the area covered by the approved plan after each phase of the plan has been completed
and after establishment of temporary ground cover in accordance with North Carolina General Statute 113A-
54.1(e).
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections I5A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office i 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
paqa�Irk of Fnmiman'.J Uwllty\\�w7dl®_T 910.796.7215

Fact Sheet on the New NCG01 Permit
•
April 2019
Opfi ANCrtsfa�vM�'1Y
The NC Construction General Permit(also known as"NCG01") was renewed on April 1,2019.The updated permit
does not significantly change the measures that are required to be implemented on construction sites. However,
there are some organizational and technical updates to the permit as described below. Most notably, there is a new
process in which construction sites will obtain official coverage under an NCG01 permit through an electronic
process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions,
contact Annette Lucas at [e-mail] or [phone].
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 NCGO1 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCGO1
Technical Updates
The new permit:
• Requires that the E&SC Plan meet
SWPPP requirements (p. 2); ,. .. c
• 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 The NCGD Process
"calendar days"for clarity and The new NCG01 applies to permits approved on or after April 1,2019.
consistency (p. 11 14);2 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 NCGO1 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.
This list is based on website guidance
by the DEMLR Sediment Program. Initially, there will be no charge associated with applying for an NCG01
2 The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100
selected to be as equivalent as annual general permit fee as required per§143-215.3D.
possible with the previous permit. DEMLR is working on creating a single application form that will allow an
3 The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCGO1
to the inspection schedule. COC,That effort is part of a larger Permit Transformation project at
DEMLR.

Q&A 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. - : ,
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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 ' t _,
can be placed into the E&SC plan set.The first covers the site stabilization ." ,'r; ,t, -
and materials handling portions of the permit. The second sheet covers the inspection, record-keeping and reporting portions of the permit. ,� ° -ems "
,meµ*- � : -
How will the new a-NOI submittal and COC process work? k
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 Y
permittee to visit deq.nc.gov/NCG01 to submit an e-NOI form to DEMLR. Local programs are not required to
The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e
(within three days*).The permittee must print and retain a copy of the NOls to DEMLR. However, if they wish
permit and the COC on site. Initially, the COC will be issued for free but on to do this voluntarily, there will 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 a-NOl form? projects that have submitted e-NOls.
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president,secretary,treasurer, or vice When local programs close out an E&SC
president or a manager that is authorized in accordance with IV.B.6 of the Plan, the close-out letter will advise
NCGO1 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e
permit. It is possible for consultant to prepare the e-NOI, save it as a draft, NOT. DEMLR will provide sample
and email it to the responsible entity for signature &submittal. language.
Local programs may approve E&SC
What happens to the COC when the construction activity is complete? plans that meet state sediment laws
When a project is complete, the permittees will contact DEMLR or the local and rules even if those plans are not
delegated program to close out the E&SC Plan. After DEMLR or the local compliant with all of the NCGO1
E&SC program inform the permittee of the project close out via inspection requirements. However, their
report,the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT. permittees will be required to add two
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. 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 for a project
requirements and the permittee could be subject to a penalty assessment. approved under the DEMLR Express
review program,

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