HomeMy WebLinkAboutNCC193296_ESC Approval Submitted_20191227 STAIZ
ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
December 6, 2019
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Charles Spivey
4439 Mt. Misery Road
Leland,NC 28451
RE: Project Name: Spivey Pond— Single Source Borrow Pit
Acres Approved: 5.0
Project ID: BRUNS-2020-038
County: Brunswick
City: Leland
Address: Mt. Misery Road
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Thomas J. Scheetz, EI, Norris &Tunstall Consulting Engineers, P.C.
Date Received by LQS: November 25, 2019
Plan Type: Other
Dear Mr. Spivey:
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. 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. 1I3A-
54.1)(b).
As of April 1, 2019, all 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 Stormwater General Permit. This form MUST be submitted and COC issued prior to the
commencement of any land disturbing activity on the above-named project. The NOI form may be
accessed at deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at
Annette.lucasgncdenr.gov or Paul Clark at Paul.clarkgncdenr.gov. After you submit a complete and
correct NOI Form, a COC will be emailed to you within three business days. Initially, DEMLR will
not charge a fee for coverage under the NCGO1 permit. However, a $100 fee will soon be charged
annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
,J Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NOR;T�QARGLINA �
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Da rn"W m E"wm" tai 0. 910.796.7215
Letter of Approval with Modifications and Performance Reservatios
Charles Spivey
December 6, 2019
Page 2 of 4
Title 15A NCAC 4B .0118(a)and the NCGO 1 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.
Also, this letter gives the notice required by G.S. 113A-61.1(a) of our right of periodic inspection to
insure 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,
xe&,Iz� YS/&
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications and Performance Reservations
NPDES NCGO1 Fact Sheet
cc: Thomas J. Scheetz, El, Norris &Tunstall Consulting Engineers, P.C.
1429 Ash-Little River Road,Ash, NC 28420
Wilmington Regional Office file
Letter of Approval with Modifications and Performance Reservatios
Charles Spivey
December 6, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Spivey Pond— Single Source Borrow Pit
Project ID: BRUNS-2020-038
County: Brunswick
1. It is assumed that the project is proposed as a single use borrow and as such must
meet the requirements as specified under NCGS 74-49(7)f: 1) material is going to a
single off-site approved construction project,2) no further processing of material is
required,3) Grading is completed in one year,4) no blasting, and 5) the activity is not
a violation of any local ordinance. Any noncompliance with these items means that
the project must be permitted under the Mining Act.
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 I I3A-57(3)). Each sediment
storage device must be inspected after each storm event(NCGS 113A-54.I(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 113A-52(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 highland would still have to be in compliance with the N.C.
Sedimentation Pollution Control Act.
Letter of Approval with Modifications and Performance Reservatios
Charles Spivey
December 6, 2019
Page 4 of 4
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)).
6. This permit allows for a land disturbance, as called for on the application plan,not to exceed
5_0 acres. Exceeding that acreage will be a violation of this permit and would require a
revised plan and additional application fee (NCGS I I 3A-54.I(b)).
7. 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 (NCGS 113A-54.I(b)).
8. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially
responsible party shall comply with the NCGOI Ground Stabilization And Materials Handling
requirements that became effective April 1, 2019. The NCGOI Ground Stabilization And
Materials Handling standard detail can be printed from the deq.nc.gov/NCGOI website.
9. As a condition of the NPDES General Stormwater Permit (NCGOI0000), the financially
responsible party shall comply with the NCGO I 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/NCGOI
website.
10. 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 I I3A-54.I(e).
Ref: G.S. 113A-54.1 through G.S. 113A-57
Sections 15A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities