HomeMy WebLinkAboutNCC241512_ESC Approval Submitted_20240517 4 ROY COOPER �, ii
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Governor 10 i
ELIZABETH S.BISER Na,u,
Secretary ':44°in�" Y"
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 29, 2023
LETTER OF APPROVAL
Get Right Investments, LLC
ATTN: William S. Alexander
PO Box 296
Holly Ridge,NC 28445
RE: Project Name: Get Right Borrow Pit
Acres Approved: 3.4
Project ID: ONSLO-2024-008
County: Onslow
City: Maple Hill-Stump Sound
Address: 185 Hardy Graham Road(SR 1530)
River Basin: Cape Fear
Stream Classification: Other
Submitted By: J. Branch Smith, PE, Dogwood LD, PLLC
Date Received by LQS: August 11, 2023 and August 28, 2023
Plan Type: Single Source Borrow Pit
Dear Mr. Alexander:
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. 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 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.
D E -„- North Carolina Department ofi Environmental Quality I Division of Energy,Mineral and Land Resources
�JJy� Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
ucpanmen,m Bmrtnnmenla oairtv v 910.796.7215
Letter of Approval
Get Right Investments, LLC
August 29, 2023
Page 2 of 4
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 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,
7V 4
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Approval Comments and Conditions
NPDES NCG01 Fact Sheet
cc: J. Branch Smith, PE, Dogwood LD, PLLC
205 Sierra Drive,Wilmington,NC 28409-3258
Wilmington Regional Office file
Letter of Approval
Get Right Investments, LLC
August 29, 2023
Page 3 of 4
APPROVAL COMMENTS AND CONDITIONS
Project Name: Get Right Borrow Pit
Project ID: ONSLO-2024-008
County: Onslow
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 113A-57(3)). Each sediment storage device must be inspected after each storm
event(NCGS 113A-54.1(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.
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)).
Letter of Approval
Get Right Investments, LLC
August 29, 2023
Page 4 of 4
6. This permit allows for a land disturbance, as called for on the application plan, not to exceed 3.4 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 (NCGS 113A-54.1(b)).
7. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight
(8)feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support,
i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design
Manual 6.63,Rev. 6/06).
8. 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(113A-54.1(b)).
9. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall
comply with the NCG01 Ground Stabilization And Materials Handling requirements that became effective
April 1, 2019. The NCGO1 Ground Stabilization And Materials Handling standard detail can be printed from
the deq.nc.gov/NCGO1 website.
10. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall
comply with the NCG01 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/NCGO1 website.
11. 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
113A-54.1(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