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HomeMy WebLinkAboutNCC232633_ESC Approval Submitted_20230908 ROY COOPER SrnT£4 Governor ELIZABETH BISERr ,P Secretary % i M14 y A DOUGLAS ANSEL Interim Director NORTH CAROLINA Environmental Quality August 29, 2023 LETTER OF APPROVAL WITH MODIFICATIONS Blue Ridge Conservancy Attention: Charlie Brady, Executive Director PO Box 568 Boone,NC 28607 RE: Project Name: Paddy Mountain Park Project ID: ASHE-2023-006 Acres Approved: 5.9 County: Ashe City: West Jefferson Address: Ridge Avenue River Basin: New Stream Classification: ORW, C; Tr+ Submitted By: Interface Environmental Consulting Date Received by LQS: August 16, 2023 Plan Type: Revised Dear Sir or Madam: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable with modifications and hereby issue this letter of Approval with Modifications. The modifications required for approval are listed on the attached page. 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. 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 NCG010000 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 processed, you will receive the COC via email. As the Financially Responsible Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNO1 form to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. Title 15A NCAC 4B .0118(a) and the NCG010000 permit require that the following documentation be kept on file at the job site: E North CarolinaeDepartment of Environmental tHaneslMi Division Energy,Mineral,andLand h Carolina Winston-Salem Regional Office 450 West Hne Mill Road,Suite 300(Winston-Salem,North 27105 336-776-9800 Letter of Approval with Modifications Blue Ridge Conservancy August 29, 2023 Page 2 of 4 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 Act 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. 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. Your cooperation is appreciated. Sincerely, Tamera Eplin Digitally Eplin Date:2028.29 1 1:1 1:12 by a 04'00' Tamera Eplin, PE Regional Engineer Land Quality Section Enclosures: Certificate of Approval Modifications Required for Approval c: Carrie Caviness, PhD (carrie@interfaceenv.com) Jordan Sellers (jordan@blueridgeconservancy.org) Letter of Approval with Modifications Blue Ridge Conservancy August 29, 2023 Page 3 of 4 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: Paddy Mountain Park Project ID: ASHE-2023-006 County: Ashe Modifications pursuant to applicable North Carolina General Statutes and/or Regulations: 1. This ESC plan is affiliated with Trout Buffer Waiver TB-ASHE-2024-001. All conditions of the trout buffer waiver approval must be followed. 2. No buffer/stream disturbing activity shall take place within the trout buffer zone during the trout spawning period of October 15 —April 15, unless the North Carolina Wildlife Resource Commission determines that the moratorium is not applicable to this project. 3. Compliance must be maintained with the surface water quality turbidity standard (10 NTU in streams, lakes, or reservoirs designated as trout waters); if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. If any exceedance occurs at any time during the project, activity within the buffer must cease immediately. More protective erosion and sedimentation control measures may be required in order to comply with this water quality standard. [G.S. 113A-54.1(a), 15A NCAC 02B .0211 (21)]. 4. Please notify this office prior to your pre-construction conference for this project by calling (336) 776-9800 and asking to speak with the Land Quality inspector for your county. [GS 113A-51, 15A NCAC 4B .0120] 5. Any off-site borrow and waste required for this project must come from a site with an approved erosion control plan, a site regulated under the Mining Act of 1971, or a landfill regulated by the Division of Solid Waste Management. Trash/debris from demolition activities or generated by any activities on site must be disposed of at a facility regulated by the Division of Solid Waste Management or per Division of Solid Waste Management or Division of Water Resources rules and regulations. [15A NCAC 4B .0110] 6. Additional measures may be required - The applicant is responsible for the control of sediment on-site. If the approved erosion and sedimentation control measures prove insufficient, the applicant must take those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115] 7. The NCG01 has a $100 yearly fee and our office often receives closure inspection requests days prior to yearly NCGO1 fee payment due dates. Be advised the project requires a closure inspection report by DEMLR prior to filing the Notice of Termination (NOT) to terminate NCGO1 coverage. The closure inspection should not be requested until after the site has Letter of Approval with Modifications Blue Ridge Conservancy August 29, 2023 Page 4 of 4 achieved full vegetative stabilization and measures have been removed. The removal of temporary ESC measures, including basins, requires prior approval. Often, a full growing season is necessary between initial seeding/mulching and removal of measures. Please plan your construction accordingly to avoid contacting our office prematurely for a closure inspection. Also be advised you may be asked for representative site pictures prior to a closure inspection. [General Comment] 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