HomeMy WebLinkAboutNCC240267_ESC Approval Submitted_20240131 CERTIFICATE OF PLAN APPROVAL
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The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environmental Quality in
accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North
Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted
at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by North Carolina Administrative Code, Title 15A,
Chapter 4B.0127 (b).
385 & 389 Newport Loop Road Songle Source Borrow Site
385 & 389 Newport Loop Road Newport, NORTH CAROLINA 28570
1/24/2024 CARTE-2024-0106
Date of Plan Approval DEQ Project Identifier
Certificate of Coverage Number:
JCosgrove@tidewaterenc.com
From: Hall, Rhonda B <rhonda.hall@deq.nc.gov>
Sent: Wednesday, January 24, 2024 6:19 PM
To: Curtis L. Morton
Cc: Justin Cosgrove
Subject: FW: NC DEMLR - FROF Application Approval - Revised to Correct the Spelling of Curtis
L. Morton Name in Address Line CRM:0126045
Attachments: Certificate of Approval -Wednesday, January 24, 2024 444 PM (4).docx
Original Message
From: # SVC_DoNotReply-DEQPermits <DoNotReply-DEQPermits@deq.nc.gov>;
Received: Wed Jan 24 2024 18:13:49 GMT-0500 (Eastern Standard Time)
To: C&M Properties of NC L.L.C. <curtism@mandwlandimprovement.com>;
Cc: Justin Cosgrove <jcosgrove@tidewaterenc.com>;
Subject: NC DEMLR - FROF Application Approval - Revised to Correct the Spelling of Curtis L. Morton
Name in Address Line CRM:0126045
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North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
Roy Cooper
Governor
Elizabeth S. Biser
Secretary
William Vinson Jr. (Acting)
Director
01-24-2024
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LETTER OF APPROVAL
C&M Properties of NC L.L.C.
ATTN: Curtis L. Morton
1164 Kellum Loop Rd.
Jacksonville, NC 28546
RE: Project Name: 385 & 389 Newport Loop Road Songle Source Borrow Site
Acres Approved:4.9
Application ID: PA-002145
Permit Number:CARTE-2024-0106
Address: 385 & 389 Newport Loop Road
City: Newport
County: Carteret
River Basin:White Oak
Stream Classification: C: Aquatic Life, Secondary Contact Recreation, Fresh water
Plan Type: Single Source Borrow Site
Dear Mr. Morton,
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and
hereby issue this Letter of Approval. The Certificate of Approval must be posted at the job site. 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.
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 Stormwater General
Permit. After the form is reviewed and found to be complete,you will receive a link with payment instructions for the
$120 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 eNOl 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.
Title 15A NCAC 4B .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 ensure compliance with
the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of existing natural
resources and adjoining properties. If, following the commencement of this project, 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
insure compliance with the Act.
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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/Ownership Form, which you provided. 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.
Sincerely,
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Attachments: Approval Comments and Conditions
Certificate of Plan Approval
APPROVAL COMMENTS AND CONDITIONS
Project Name: 385 & 389 Newport Loop Road Single Source Borrow Site
Project ID: CARTE-2024-0106
Application ID: PA-002145
County: Carteret
1. It is assumed that the project is proposed as a single use borrow and as such must meet the requirements as
specified under NCGS 74-49(7)f: 1) material is going to a single off-site approved construction project,2)
no further processing of material is required,3) Grading is completed in one year,4) no blasting, and 5)the
activity is not a violation of any local ordinance. Any noncompliance with these items means that the
project must be permitted under the Mining Act.
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).
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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)).
6. This permit allows for a land disturbance, as called for on the application plan,not to exceed 4_9 acres. Exceeding
that acreage will be a violation of this permit and would require a revised plan and additional application fee(NCGS
113A-54.1(b)).
7. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of eight(8)
feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts for support, i.e.,
the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning & Design Manual
6.63,Rev. 6/06).
8. A graveled construction entrance must be located at each point of access and egress available to construction
vehicles during the grading and construction phases of this project. Access and egress from the project site at a
point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the
entrances is critical(NCGS 113A-54.1(b)).
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9. As a condition of the provided NPDES General Stormwater Permit(NCG010000), groundcover stabilization must
meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are steeper than 3 horizontal to 1
vertical left exposed will,within seven(7)calendar days after completion of any phase of grading,be provided with
groundcover. Slopes that are 3 horizontal to 1 vertical or flatter will be provided with groundcover within fourteen
(14)calendar days.
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
_,\\ North Carolina Department of Environmental Quality Division of Energy, Mineral
and Land Resources
Wilmington Regional Office ii
127 Cardinal Drive Ext. I Wilmington NC, 28405
NORTH C�ROUNA 910 796 7215
Oupsulrasst et boisinuestel Orb
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
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