Transcript Creating Efficiencies in NCDENR/ Division of Energy

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
DEMLR Organization
DEMLR Organization
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)
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.
Energy Section
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Weatherization Program
State Energy Program
Wind Program
Oil and Gas Program
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.
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…)
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
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
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
Land Quality Section
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Dam Safety Program
Mining Program
Erosion and Sediment Control Program
Stormwater Program
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.
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
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.
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
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.
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)
Erosion and Sediment Control Program
Updates
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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
Erosion and Sediment Control Program
AMANDA / ECLIPS
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Electronic Permitting
Back Office
Portal
Inspections
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.
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.
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
Stormwater Permitting
• Legislative updates include:
1) Session Law 2013-82 / HB 480: “FastTrack Permitting” through development of
Minimum Design Criteria
2) Transfer of Environmental Permits – (as
discussed earlier with E&SC) – same
conditions apply
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
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.
Stormwater Express Reviews
• Review period for express reviews from
preapplication meeting to permit ranges from
7 days (low density) to 12 days (high density)
Streamlining Permitting and Inspection
Activities
• CSW/ESC Combined Self-Monitoring Forms
• Combined Inspection Report
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.
Customer Service Activities
• Customer Service Training
• Customers have the convenience of scheduling Project Submittal
Meetings online http://portal.ncdenr.org/web/lr/submittalmeetings
• Redesign of the Division of Energy, Mineral, and Land Resources
Website is underway 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
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: [email protected]
Phone: 919-707-9220