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