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HomeMy WebLinkAboutNCC232868_ESC Approval Submitted_20230922 ROY COOPER Governor �j - ELIZABETH S.BISER . �•l Secretary °i"" a BRIAN WRENN NORTH CAROLINA Director Ell Quality • May 3, 2022 LETTER OF APPROVAL WITH MODIFICATIONS AND PERFORMANCE RESERVATIONS Town of Shallotte ATTN: Mimi Gaither, Town Manager PO Box 2287 Shallotte,NC 28459 RE: Project Name: Shallotte Avenue Sewer Acres Approved: 3.6 Project ID: BRUNS-2022-099 County: Brunswick City: Shallotte Address: Various River Basin: Lumber Stream Classification: HQW Submitted By: David B. Bowman, PE Date Received by LQS: April 6, 2022 and April 20, 2022 Plan Type: Utility Dear Ms. Gaither: 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 eNOI form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI 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 I Division of Energy,Mineral and Land Resources D E Q Wilmington Regional Office 127 Cardinal Drlve Extension 1 . North Carolina 28405 o.�� /�� 910.746.7215 Letter of Approval with Modifications and Performance Reservations Town of Shallotte May 3,2022 Page 3 of 4 MODIFICATIONS AND PERFORMANCE RESERVATIONS Project Name: Shallotte Avenue Sewer Project ID: BRUNS-2022-099 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. 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)).