1. Creating Efficiencies in NCDENR/ Division of Energy, Mineral, and Land Resources Permitting/Plan Review/Inspections Presented to: PENC Engineering Leadership Conference December 3, 2013 W.E. Toby Vinson, Jr., PE Acting Section Chief/Chief Engineer NC Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section

2. DEMLR Organization

4. The Division of Energy, Mineral, and Land Resources (DEMLR) Geological Survey Section Energy Section Land Quality Section (Integration of Stormwater Program, 21 staff in Regional Offices, 9 staff in Central Office)

5. Geological Survey Section No permitting program, however, does oversee and vertical Oil & Gas wells permitted by the Division of Water Resources (DWR) The NCGS "...examines, surveys, and maps the geology, mineral resources, and topography of the state" and encourages the wise conservation and use of geologic resources by industry, commerce, agriculture, and government agencies for the general welfare of the citizens of North Carolina.

6. Energy Section Weatherization Program State Energy Program Wind Program Oil and Gas Program

7. Weatherization and State Energy Programs Came to DEMLR through a Type I restructuring from the Department of Commerce These agencies do not have permitting programs.

8. Wind Program New Legislation Session Law 2013-51 / House Bill 484 This program covers Site and Operation Permitting only. All other necessary environmental permits as per existing development requirements are still in effect (i.e. Erosion and Sediment Control, Stormwater, 404/401, utilities…)

9. Wind Program Permit Process (New) 1)Request Permit Preapplication Site Evaluation Meeting – No less than 180 days prior to filing an application; 2) Preapp Meeting – No less than 120 days prior to filing an application; 3) Permit Preapp Package - Submitted no less than 45 days prior to Preapp Meeting; 4) Notice to Interested Parties – No less than 21 days prior to Preapp meeting; 5) Request Scoping Meeting – No less than 60 days prior to filing an applicaton for permit; 6) Scoping Meeting – No less than 30 days prior to filing an application for permit; 7) Notice of Scoping Meeting – No less than 21 days prior to scoping meeting; 8) Submittal of Application and Fee; 9) Notice of Receipt; 10) Public Hearing – Within 75 days of receipt of a complete application, notice will provide comment deadline; 11) Final Decision – Within 90 days following receipt of a complete application; 12) If Additional Info Required – Final Decision within 30 days of receipt of info

10. Oil and Gas Permitting Process The Mining and Energy Commission is still writing rules to cover all aspects of this regulated development. Senate Bill 76 / Session Law 2013-365 Provisions dealing with Permitting: Part II, Section 2.(a) The MEC shall study development of a coordinated permitting program for O & G exploration in order that a single comprehensive environmental permit may be issued to govern site exploration and development activities including but not limited to well construction, siting and closure; hydraulic fracturing; stormwater control and management of water resources; management of waste; and regulation of air emissions. Permit timelines have not been addressed at this time Permitting will be setup as an E-Permitting Process

11. Oil and Gas Permitting Process (cont’d) Coordinated Permitting efforts so far: a) E&SC, possible delegation to Energy Section, b) Stormwater, NPDES currently exempted but may have state SW rules, c) Water Resources, d) Air, e) Waste Permit timelines have not been addressed at this time Permitting will be setup as an E-Permitting Process

12. Land Quality Section Dam Safety Program Mining Program Erosion and Sediment Control Program Stormwater Program

13. Dam Safety Permitting No legislative changes this year. Recent changes within the last couple of years changed size criteria to 25 feet tall and 50 acre-feet volume (unless classified as High Hazard) from 15 feet tall and 10 acre-feet No statutory time frame to complete review but rules require Approval or Disapproval within 60 days of a “Completed Application.” If additional information is requested the 60 days starts over again when the information is received. If additional information is not provided within 30 days of request, the application will be sent back to the applicant unless other timelines have been agreed upon. The actual average review and permitting time ranges depending on type of permit (New, repair, etc.) from 30-45 days total.

14. Mine Permitting No legislative changes this year Pre-Application Meetings Rules and Regulations allow up to 60 days for permit review in large part due to Notice requirements to other agencies, local governments and adjoining property owners If additional information is required, the applicant has up to 180 days to provide that information back to the agency

15. Mine Permitting (cont’d) Once the additional information is submitted, the 60 day clock starts over for review to approve or deny a permit. The actual average review and permitting time ranges from 26-31 days.

16. Erosion and Sediment Control Review This is not a permitting program like the other programs within DEMLR where “Permits” are written and granted for long lived sites. It is a review program where plans are “Approved” or “Disapproved” for relatively short lived projects. Legislative changes: Transfer of Plan Approval 1) The proposed transferee is the owner or has the owner's written consent; 2) The proposed transferee intends to use the approval for the purposes for which it was issued; 3) There will be no change of the project covered by the plan as originally approved

17. Erosion and Sediment Control Review (cont’d) Rules and Regulations require review of New Plans with “Complete Plan” submittals and action (Approval or Disapproval) within 30 days. Any requested additional information has to be provided within that 30 days to receive approval. Revised Plans, which include those previously Disapproved or revisions to an existing approval plan, are required to be reviewed with action taken within 15 days of receipt.

18. Erosion and Sediment Control Review (cont’d) The actual plan review and action time on New Plans is 21-24 days. The actual plan review and action time on Revised Plans is 8-10 days. Express Review in the Sediment and Erosion Control Program averages 4 days total (1.7 days in LQS review, 2.3 days in mail and/or addition information request from applicant)

19. Erosion and Sediment Control Program Updates E-Permitting (AMANDA / ECLIPS) Pre-NOV Notifications Post-NOV Meeting offers Fast Track Review for Erosion and Sediment Control (PILOT – in Mooresville Regional Office) Pre-Application meetings

20. Erosion and Sediment Control Program AMANDA / ECLIPS Electronic Permitting Back Office Portal Inspections

21. Erosion and Sediment Control Program Fast Track Pilot Program Mooresville Regional Office (CPM Project) One mission of the Division of Energy, Mineral and Land Resources mission is to serve the public as well as protect the environment. The Land Quality Section is looking for ways to streamline our service and increase compliance with ESC regulations.

22. Erosion and Sediment Control Program Fast Track Pilot Program (cont’d) Historically, smaller residential lot development erosion control plans have a high rate of disapproval due to incomplete submittals. Significant time and cost is associated with preparing ESC plans for smaller “lot plans”. Home-building is delayed waiting on plan approvals.

23. Erosion and Sediment Control Program Fast Track Pilot Program (cont’d) This is not required. It is an option. Response has been positive. Limited to residential home-building with individual lot disturbance less than 1 acre and total site disturbance less than 5 acres Lots are finished or at final grade. No change in general drainage pattern Not in HQW, No wetlands or creeks within 100 feet Expected time of review is 15 days

24. Stormwater Permitting Legislative updates include: 1) Session Law 2013-82 / HB 480: “Fast- Track Permitting” through development of Minimum Design Criteria 2) Transfer of Environmental Permits – (as discussed earlier with E&SC) – same conditions apply

25. Stormwater Permitting (cont’d) Fast-Track Permitting – Requires DENR to develop Minimum Design Criteria (MDC) for stormwater runoff permits (September 2014) Criteria include a requirement for the siting, site preparation, design and construction, and post-construction monitoring and evaluation The Department shall consult with a technical working group consisting of industry experts, engineers, environmental consultants, relevant faculty from The University of North Carolina, and other interested stakeholders. Requires rules to implement fast track permitting (July 2016) Both the state and locally delegated state programs would issue permits without review of device designs for those designs that fit the MDC Locally delegated state programs include Henderson, Buncombe, Gaston and Gilford Counties

26. Stormwater Permitting (cont’d) Permit Review periods vary based on type of permit There are no statutory time periods on NPDES Permits. However, we strive to get New General Permits issued in a 30-60 day window. New Individual NPDES Permits can take up to 6 – 9 months due to Public Notice requirements and some (such as MS4s) have to go through EPA. Rules and Regulations for State Stormwater require that review and permitting be completed within 90 days following submittal of a “Complete Application.” Actual review times for State Stormwater applications average from 30 to 36 days in the Coastal Regions and 10 to 15 days in all other Regions.

27. Stormwater Express Reviews Review period for express reviews from preapplication meeting to permit ranges from 7 days (low density) to 12 days (high density)

28. Streamlining Permitting and Inspection Activities CSW/ESC Combined Self-Monitoring Forms Combined Inspection Report

33. Streamlining Permitting and Inspection Activities Enable one cross-trained inspector to handle compliance issues for both construction stormwater and erosion and sedimentation control and mining SW general permit and mining permit Training for Recognition of Post SW control requirements at submission of ESC with notification provided in the ESC Receipt Letters CSW data will be combined with ESC information in the online e-permitting program that is under development Combined NOV?? / Compliance and Enforcement Decision Tool.

34. Customer Service Activities Customer Service Training Customers have the convenience of scheduling Project Submittal Meetings online http://portal.ncdenr.org/web/lr/submittal- meetingshttp://portal.ncdenr.org/web/lr/submittal- meetings Redesign of the Division of Energy, Mineral, and Land Resources Website is underway http://portal.ncdenr.org/web/lr/http://portal.ncdenr.org/web/lr/ Pre-NOV notifications Post-NOV meeting offers Stormwater Technical Review Workgroup Upcoming Stakeholder group for Fast Track SW Permit Process

35. Questions? W.E. Toby Vinson, Jr., PE Acting Section Chief/Chief Engineer NC Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Land Quality Section E-Mail: toby.vinson@ncdenr.govtoby.vinson@ncdenr.gov Phone: 919-707-9220