HomeMy WebLinkAboutNCC192613_ESC Approval Submitted_20191101 Own
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Roy COOPER
Gsotemot 1
MICHAEL S_REGAN ,
Se—fart' t 6�
S.DANIEL SMITH
Interim❑lmcror NORTH CAROLINA
Environmental Qua!!ty
May 16, 2019
LET 'FR OF APPROVAL WITH-MODIFICATIO-NS
AND PERTOR-MA--NCE RFSERVATIO\S
McNeill and Associates, nc.
ATTN: Eddie McNeill
601 Pelletier Loop Road
Swansboro,NC 28584
RE: Project Name: Si ver Creek Landing
Acres Approved: 20.41
Project ID: CART -2019-030
County: Carteret, City. White Oak
Address: Wethcrii igton Landing Road
River Basin: Whi Oak
Stream Classification: HQW
Submitted By: AC an M. Parker, PE,AMP'd Engineering, PLLC
Date Received by LQS, May 3, 2019
Plan Type: ResidE ntial
Dear Mr.McNeill:
This office has reviewed th subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby i sue this Letter of Approval. This plan shall expire three (3) years
following the date of appro al, if no land disturbing activity has been undertaken, as is required
by Title 15A NCAC 4S 1.019.
As of April 1, 2019, aII 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 Storinwater General Permit. This form - ST be submitted prior to the commencement of any land disturbing activity on the above named project, The NOI form
maybe accessed at de .nc. v/NCGO 1, Please direct questions about the NOI form to Annette
Lucas at Annette.lucas cncd itr. ov or Paul Clark at Pau f.clal'f:crvncdenr. ov. After you submit a
complete and correct NOI orm, a COC will be emailed to you within three business days,
Initially, DEMLR will not c arge a fee for coverage under the NCGOI permit. However, on or
after June 1, 2019, a S100 e will be charged annually. This fee is to be sent to the DENILR
Stormwater Central Office staff in Raleigh.
Ek6Z North Cardiita Department of Environmental Quality I DiAslon of Energy,Mineral and Land Resources
/; Wilmington Regional Office 1 E27 Cardinal Drive Extension I Wilmington,North Carolina 28405
a.c.An.a�M�nrm..r+a•m:.n
910.746.72[5
Letter of Approval with Modifications and Performance Reservatios
McNeill and Associates, Inc.
May 16, 2019
Page 3 of 4
MODIFI ATIO�NS A_ND PERFORINfA>✓CE RESERVATIiO-S
Project game: Silver Creek Landing
Project JD: CARTE-201 030
County; Carteret
1. This plan approval shall expire three (3) years following the date of approval, if no land-disturbing
activity has been undertiken,as is required by Title 15A\CAC 413 .0129.
2. The developer is resp nsible 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 sedim nt from leaving this site(NCGS I I3A-57(3)). Each sediment storage device
must be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance andior clean out is
necessary anytime the d vice is at 50% capacity. All sediment storage measures will remain on site
and functional until all g ading and final landscaping of the project is complete(15A NCAC 04B.0113).
3. Any and all existing dit hes on this project site are assumed to be left undisturbed by the proposed
development unless oth wise 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 NCA 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
('VCGS 113A-52(6)).
4. The developer is respo sible for obtaining any and all permits and approvals necessary for the
development of this prof t prior to the commencement of this land disturbing activity. This could
include our agency's S rmwater regulations and the Division of Water Resources' enforcement
requirements within Se tion 401 of the Clean Water Act, the L.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 w uld only apply to wetland areas. All highland would stilt have to be in
compliance with the N.C. Sedimentation Pollution Control Act.
S. 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 priarto 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 D ,the Corps,or the EPA,it is the responsibility of the developer to inform the
Land Quality Section regio al 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
1 I 3A-54.I(b)).
Letter of Approval with Modifications and Performance Reservatios
McNeill and,Associates,Inc.
May 16, 2019
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 1 d disturbance,as called for on the application plan,not to exceed 2�41 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(N CC S I I3A-54.1(b)).
8. The construction detail f r the proposed silt fence requires reinforcing wire and steel posts a maximum of
eight(8) feet apart. Omigsion of the reinforcing wire is a construction change that necessitates more posts
for support,i.e.,the spaciiig distance needs to be reduced to no greater than six(6)feet apart(E&SC Planning
&Design Manual 6.63, Rev. 6/06).
9. Because the sediment tr s and basins are shown on the plan as the primary sedimentation and erosion
control devices on this project, it is necessary that the traps and basins and their collection systems be
installed before any othei grading takes place on site,and that every structure that receives more than one
acre of drainage is built so that each dewaters only from the surface (NCGO10000). If that proves to be
impractical, a revised plan must be submitted and approved that addresses erosion and sediment control
needs during the interim eriod until the traps and basins are fully functioning(I 13A-54.1(b)).
10. A graveled construction a itrance must be located at each point of access and egress available to construction
vehicles during the gradirg and construction phases of this project. Access and egress from the project site
at a point without a grave ed entrance will be considered a violation of this approval. Routine maintenance
of the entrances is critical(I 13A-54.I(b)).
I1. As a condition of the N DES General Stormwater Permit (\CGO10000), the financially responsible
party shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that
became effective April 1 2019. The NCG01 Ground Stabilization And Materials Handling standard
detail can be printed from the deq.ne.gov/NCGOI website.
12. As a condition of the It DES General Stormwater Permit ('_ti;CG010000), the financially responsible
party shall comply with I he NCGOI Self-Inspection, Recordkeeping and Reporting requirements that
became effective April 1 2019. The NCGOI Self-Inspection, Recordkeeping and Reporting standard
detail can be printed from]the deq.nc.gov/,NCGOI website.
13. As a part of routine moni ring of the approved land-disturbing activity;the financially responsible party
shall assure inspections ❑ the area covered by the approved plan after each phase of the plan has been
completed and after establ`shment of temporary ground cover in accordance with North Carolina General
Statute 113A-54.1(e).
14. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed
area and time of exposure hould be limited. We recommend this project be phased so that uncovered area
is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5),
the Iand-disturbing activity shall be conducted in accordance with the approved erosion and sedimentation
control plan.
ti
Fetter of Approval with Modifications and Performance Reservatios
McNeill and Associates, Inc.
May 16, 2019
Page 2 of 4
Title 15A XCAC 4B .011$(a) and the\CG01 permit require that the following documentation be
kept on file at the job site:
1. The approved E& C plan as well as any approved deviation.
2. The N CG0 I permil and the COC,once it is received.
3. Records of inspect' ns made during the previous 30 days.
Also,this letter gives then tice required by G.S. I 13A-6I.I(a) of our right of periodic inspection
to ensure compliance with the approved plan.
-N-Qrth Carolina's Sediment tion Pollution Control Act is-performance-oriented,requiring
protection of existing natu;I resources and adjoining properties. If, following the
commencement of this projiect,the erosion and sedimentation control plan is inadequate to meet
the requirements of the Sedlimentation Pollution Control Act of 1973 (Niorth Carolina General
Statute 113A-51 through 5 ),this office may require revisions to the plan and implementation of
the revisions to ensure com r
Hance with the Act.
Acceptance and approval o�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-disti.rbing activity. This approval does not supersede any other permit or
approval.
Please note that this appro 1 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 con rence.
Your cooperation is appreciated.
Sincerely,
Rhonda Hall
Assistant Regional Enginee
Land Quality Section
Enclosures: NCG01 Fact Sleet
cc: Athan M.Parker, PE, MP'd Engineering, PLLC
PO Box 4580, Emerald Isle, NC 28594