Loading...
HomeMy WebLinkAboutNCC200097_ESC Approval Submitted (2)_20200226ROY COOPER Governor MICHAEL S. REGAIN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality December 10, 2019 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS New Moon Holdings, LLC ATTN: Kim Jordan, Manager PO Box 6303 Ocean Isle Beach, NC 28469 RE, Project Name: Calabash Marina Acres Approved: 3.30 Project ID: BRUNS-2020-033 County: Brunswick City: Calabash Address: Riverview Drive River Basin: Lumber Strearn Classification: HQW Submitted By: Thomas J. Scheetz, El, Norris & Tunstall Consulting Engineers, P.C. Date Received by LQS: November 21, 2019, December 5, 2019 and December 9, 2019 Plan Type: Commercial Dear Ms. Jordan: 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 (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/NCG0I. Please direct questions about the NOI form to Annette Lucas at Annette. lucas(a7nedenngov or Paul Clark at Paul. clark nedenr. 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 Ralcigh. D� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wi€mington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 un i3 epmrm,m m r+.�mm+na mmq 910.796.7215 -Letter of Approval with Modifications and Performance Reservatios New Moon Holdings, LLC December 10, 2019 Page 2 of 4 Title 15A NCAC 413.0118(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. Sincerely, Rhonda Hall Assistant Regional Engineer Land Quality Section Enclosures: Modifications and Performance Reservations NPDES NCG01 Fact Sheet cc: Thomas J. Scheetz, EI, 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 New Moon. Holdings, LLC December 10, 2019 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Calabash Marina Project ID: BRUNS-2020-033 County: Brunswick 1. 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. 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. 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)).