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HomeMy WebLinkAboutNCC223513_ESC Approval Submitted_20221011ROY COOPER Governor ELIZABETH S. BISER Secretary BRIAN WRENN Director NORTH CAROLINA Environmental Qualify September 28, 2022 LETTER OF APPROVAL WITH MODIFICATIONS BFCMR, LLC ATTN: Mr. Michael Fick 200S International Parkway Fredricksburg, VA 22406 RE: Project Name: B&F CERAMICS Acres Approved: 13.83 Project ID: HENDE-2023-009 County: Henderson City: Mills River Address: NC 280 River Basin: French Broad Stream Classification: Brandy Branch - Class WS-III Submitted By: WGLA Engineering, PLLC - Mr. Will Buie, PE Date Received by LQS: August 29, 2022 Plan Type: Commercial Dear Mr. Fick, 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 1SA NCAC 413.0129. 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 NCGO10000 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 received, you will receive the COC via email. 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 eNOI form to Paul Clark at Paul.clark@ncdenr.gov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. D E Q� North Carolina Department of Environmenta[ Quality I Division of Energy, Mineral and Land Resources Asheville Regional Office 1 2090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CAROUNn oe"nm:maertvo-onmenUlaIality /"� 828,296.4500 Letter of Approval with Modifications BFCMR, LLC September 28, 2022 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. Your cooperation is appreciated. Sincerely,6�j ) �j WJ_,L _ Fred Walker, PE Engineer III Division of Energy, Mineral, and Land Resources Letter of Approval with Modifications BFCMR, LLC September 28, 2022 Page 3 of 4 Enclosures: Certificate of Approval NPDES NCG01 Fact Sheet Modifications ec: Mr. Will Buie, PE (wbuie@wgla.com) Ms. Shawna Riddle - NCDEQ-LQS (shawna.riddle@ncdenr.gov) Mr. Landon Davidson, PG -- NCDEQ DWR (landon.davidsonC)ncdenngov) Mr. Andrew Moore, PG - NCDEQ DWR (andrew.w.moore ncdenr. ov) cc: Regional Office file Letter of Approval with Modifications BFCMR, LLC September 28, 2022 Page 4 of 4 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: B&F CERAMICS Project ID: HENDE-2023-009 County: Henderson For final plan approval please provide 2 revised plan sets and other required documents to the Asheville Regional Office. Portions of the project associated with the comments listed below may not commence until approved by this office. 1. Note on plan that all borrow and or waste must come from or go to a permitted site and or facility. Contractor is to provide LQS inspector with permit number of borrow/waste site before transporting materials. 115A NCAC 04B r0110} 2. Include narrative or documentation that grants Financially Responsible Party to conduct land disturbing activities on utility easement. {G.S. 113A-54.1.(a)} 3. Clarify how receiving 24-inch pipe will not be impacted during wetland & stream removal. Clarify how downstream waters will not be impacted during removal. All wetland and stream removal work must be stabilized at the end of each workday. This stream is classified as WS-III, provide approval from local watershed administrator. {G.S. 113A-57.31 4. Add the following language to the construction sequence: no major grading activities or basin construction are to take place during wet weather or periods of predicted wet weather i.e. Hurricanes. 115A NCAC 04B .0106(a)(2)} 5. Clarify how discharges tied directly into SW system during construction activities will be monitored for offsite sediment. {G.S. 113A-54.1.(a)} 6. Provide silt fence with access point for proposed stockpile. {G.S. 113A-57.(3)} 7. Runoff calculations for drainage areas greater than 5 acres must use another method in place of the Rational Method. 115A NCAC 04B .0108} 8. Hatch areas on the plan sheets that are required to meet NPDES NCGO10000 7-day requirements. {NPDES NCGO100001 9. Provide verification that post -construction stormwater and 401 permitting is not required or provide copy of approval or copy of application. 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