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Home My WebLink AboutNCC203725_ESC Approval Submitted_20200828ROY COOPER Governor MICHAEL S. REGAN Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality August 12, 2020 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Mulberry Farm - Madison, LLC ATTN: Mr. Craig Weeding 1126 Upper Thomas Branch Road Marshall, NC 28753 RE: Project Name: MULBERRY FARM Acres Approved: 22.91 Project ID: MADIS-2020-003 County: Madison City: Marshall Address: Upper Thomas Branch Rd. River Basin: French Broad Stream Classification: UT to Thomas Branch; C Submitted By: Mercer Design Group, Mr. Marvin Mercer, P.E. Date Received by LQS: May 20, 2020 Date Revision Received by LQS: July 28, 2020 Plan Type: Institutional Dear Mr. Weeding, 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 performance 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. 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 NCGO10000 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 received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at North Carolina Department of Environmental Quality I Division of Energy, Mineral and land Resources D �'2 Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 �oanacaaouNn tiopazoaomo�eawmnme WQuarry 828,296A500 Letter of Approval with Modifications and Performance Reservations Mulberry Farm -- Madison, LLC ATTN: Mr. Craig Weeding August 12, 2020 Page 2 of 5 deq.nc.gov/NCG01. Please direct questions about the eNOI form to Annette Lucas at Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark ncdenr.goy. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. Title 15A NCAC 4B .0118(a) and the NCG01 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 NCG01 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. Si %ed rel , Walker, P.E. Express Engineer Land Quality Section Letter of Approval with Modifications and Performance Reservations Mulberry Farm -- Madison, LLC ATTN: Mr. Craig Weeding August 12, 2020 Page 3 of 5 Enclosures: Certificate of Approval NPDES NCG01 Fact Sheet Modifications and Performance Reservations ec: Mr. Marvin Mercer, P.E. (mmercer@mdgeng.com) cc: Regional Office file Letter of Approval with Modifications and Performance Reservations Mulberry Farm - Madison, LLC ATTN: Mr. Craig Weeding August 12, 2020 Page 4 of 5 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: MULBERRY FARM Project ID: MADIS-2020-003 County: Madison For final plan approval please provide to this office the requested documents listed below. 1. Provide a delineation map for the proposed E&SC measures. {G.S. 113A-57.(4)} 2. Provide silt -fence below slopes and basins until slopes are stabilized to prevent erosion and offsite sedimentation. {G.S.113A-57.(3)} 3. Provide documentation for permitting required for referenced Beaver Dam Analog. Before any construction activities take place on a state jurisdictional dam contact NCDEQ Dam Safety to determine if a plan approval is required. {Dam Safety} 4. Before commencing on road work obtain approval through local authorities to construct roads over 18% grade. {Local County Authority} S. Clearly identify streams and water bodies on plan sheets. Due to the amount of lines and overlapping layers it may be necessary to provide colored lines for certain features on plan sheets. 115A NCAC 04B .0106(a)(1)} 6. Provide a revised hard copy of the original notarized Financial Responsibility Ownership form and a hard copy of the deed(s) for the project. {G.S.13A-54.1.(a)} 7. Add note that contractor is to leave a sufficient riparian buffer around stream work and water body areas to capture sediment, no plastic netting or stakes are to be used for stabilization within the riparian buffer, and to stabilize all stream and riparian work at the end of each work day. 404/401 certification may be required before commencing on this project. {G.S. 113A-57.(1)1 8. Highlight note on plan that all areas should meet the 7-day stabilization requirement in NPDES NCGO10000 due to topography. {NPDES NCGO100001 9. Add note that any borrow/waste must come from/go to a permitted site and/or facility. Note for contractor waste disposal does not state this language. {15A NCAC 04B .0111} Letter of Approval with Modifications and Performance Reservations Mulberry Farm - Madison, LLC ATTN: Mr. Craig Weeding August 12, 2020 Page 5 of 5 PERFORMANCE RESERVATIONS Additional measures may be required - 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. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out, is necessary anytime the device is at 50% capacity. Open active land disturbance allowed may be decreased if site receives complaints or violations for offsite sedimentation. 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 c� "d O C �' f�y/•yy��l V rlomw 1� ' 1 ®. g W CA W� owPIZ �.