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Home My WebLink AboutNCC201988_ESC Approval Submitted_20200514ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality January 22, 2020 LETTER OF APPROVAL WITH PERFORMANCE RESERVATIONS Foothills Conservancy of North Carolina, Inc. ATTN: Mr. Andrew Kota P.O. Box 3023 Morganton, NC 28655 RE: Project Name: Fonta Flora Trail Phase 1: Old Hwy 70 - Old Fort to Point Lookout Trail Acres Approved: 2.07 Project ID: MCDOW-2020-006 County: McDowell City: Old Fort Address: Old Hwy 70 River Basin: Catawba River Stream Classification: Jarret Creek, `C' Submitted By: The Foothills Conservancy of North Carolina Date Received by LQS: January 10, 2020 Plan Type: Recreational Dear Mr. Kota, This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter of Approval with Performance Reservations. The reservations are 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 413.0129. 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 NCGO10000 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/NCG01. Please direct questions about tt the NOI form to Annette Lucas at Annee.lucasC)ncdenr.gov or Paul Clark at Paul. clark@ncdenr.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 North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTiH �CARO�LINA"' ocpa.enem i�rmomo�:aia�m,goo` 828.296.4500 Letter of Approval with Performance Reservations Mr. Andrew Kota 22 January 2020 Page 2 of 3 coverage under the NCG01 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. 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. Sincerel Mic ael Smith Assistant Regional Engineer Land Quality Section Letter of Approval with Performance Reservations Mr. Andrew Kota 22 January 2020 Page 3 of 3 Enclosures: Certificate of Approval Performance Reservations NPDES NCG01 Fact Sheet cc: Regional Office file PERFORMANCE RESERVATIONS Project Name: Fonta Flora Trail Phase 1: Old Hwy 70 - Old Fort to Point Lookout Trail Project ID: MCDOW-2020-006 County: McDowell 1. Please note that the developer is responsible for the control of sediment on -site. If the approved erosion and sediment 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. {G.S. 113A-57(3)1. 2. Please note that cut slopes greater than 3 feet in height may need to be matted to prevent erosion and off -site sedimentation. {G.S. 113A-57 (3)}. 3. If mechanized equipment is used for trail construction, it may be necessary to increase the width of the limits of disturbance to accommodate the equipment. {G.S. 113A-57 (3)}. 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