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HomeMy WebLinkAboutNCC223449_ESC Approval Submitted_20221005ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Quality September 19, 2022 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Windsor Investments, LLC ATTN: Sara Golser PO BOX 2769 Wilmington, NC 28401 RE: Project Name: Summerhouse — Windsor Homes Lots Acres Approved: 1.07333 Project ID: ONSLO-2022-048 County: Onslow City: Holly Ridge Address: Twining Rose Lane River Basin: Cape Fear Stream Classification: HQW Submitted By: Sara Golser, Winsor Investments, LLC Date Received by LQS: September 14, 2022 (Revised) Plan Type: Residential Dear Ms. Golser: 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 eN01 form may be accessed at deq.nc.gov/NCG01. Please direct questions about the cNOI 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. North Carolina Department of Environmental Quality J Division of Energy, Mneral and Land Pesources e��DKQ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 a. 910.796,7215 Letter of Approval with Modifications and Performance Reservations Windsor Investments, LLC September 19, 2022 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Summerhouse — Windsor Homes Lots Project ID: ONSLO-2022-048 County: Onslow L This plan approval shall expire three (3) years following the date of approval, if no Iand-disturbing activity has been undertaken, as is required by Title 15A NCAC 413 .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). 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)). 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)). Fact Sheet on the New !•'1 Ap Organizational Updates The new permit: • Repeats state requirements forE&SC Plans and organizes them with federal construction activity requirements; • Is dearly organized by topic; and • Has lesstext and more tables. Technical Updates The new permit: • FL-q ui res t hat the E&SCRan meet SNPPP requirements (p. 2); • P-ovidesa list of itemsthat must be induded in the 9AFW, such as the construction sequence, plans, calculations, etc. (p. 2-4);' • Has updated language on bypasses and upsetsthat istailored to construction activities (p. 10); • Hats all timeframes for inspections, record -keeping and reporting in "calendar days" for clarity and consistency (p. 11-14);2 • Changes the inspection frequency (during business hours) to at least once per 7 calendar days and after every storm? 1.0 inch (previously 0.5 inch);' and • Excludes weekends, state and federal holidaysfrom normal businesshours unless construction activities take place (p. 23). This list is based on website guidance bytheDBVILRSad iment Program. The number of calendar dayswas selected to be as equivalent as possible with the previous permit. The intent is to provide predictability to the inspection schedule. Acronyms to Know 00Q (brtificate of Coverage, proof of coverage under an N0301 permit DEPALR NCDivision of Energy, Mineral, and Land Fbsouroes E&SC Erosion & Sedimentation Control e-NCI: Notice of Intent, application form for the N0001 permit e-NOT. Notice of Termination, form for closing out the N0001 permit StNPPP: aormwater Pollution Prevention Plan, required by the N0301 The N0001 Process The new NC GO1 applies to pennifsapproved on or after April 1, 2019 Parmittees wi I I no longer receive a copy of the N0301 permit in the mail with their ERS✓Ran approvals and be considered as covered under the permit. Federal rules require that DBVI LRreceive an NOI on each construction project and issue each construction project its own 00C Under the new N0GO1 process, construction sit eswiII continue to receive approval for E&SCPlansfrom either DB ALRor the delegated local I&9�;program just like before. After receiving E&S3Ran approval, permitt eeswil I offid ally obtain coverage under the N0301 by completing an e-NOI (available at deg.nagov1 N0001). The e-Na will only take about 20 minutesto fill out and submit on-line. Initially, there will be no charge associated with applying for an N0301 permit but on or around Jine 1, 2019, DBVILRwili begin charging a $100 annual general permit fee as required per §143-215.3D. DWI-Risworking on creating a single application form that will allow an applicant to simultaneously apply for an E&SCpermit and an N0301 CDC That effort is part of a larger Permit Transformation project at DBVI LR