HomeMy WebLinkAboutNCC240291_ESC Approval Submitted_20240209 FW: NC DEMLR-FROF Application Approval CRM:0126042 mailbox:///C:/Users/Engineer%20Upstairs/AppData/Roaming...
Subject: FW: NC DEMLR - FROF Application Approval CRM:0126042
From: "Hall, Rhonda B" <rhonda.hall@deq.nc.gov>
Date: 1/19/2024, 5:20 PM
To: Anthony Moctezuma <tmoctezuma@tidewaterenc.com>
Rhonda Hall
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Attachments: Approval Comments and Conditions
Certificate of Plan Approval
Original Message
From: # SVC_DoNotReply-DEQPermits <DoNotReply-DEQPermits@deq.nc.gov>;
Received: Fri Jan 19 2024 17:15:59 GMT-0500 (Eastern Standard Time)
To: Alusa Management, LLC <alusamgmt@aol.com>;
Subject: NC DEMLR - FROF Application Approval CRM:0126042
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
01-19-2024
LETTER OF APPROVAL
Alusa Management, LLC
ATTN: Mike Edwards, Manager
103-A
Bluewater Lane
Surf
City, NC
28445
RE: Project Name: Hurricane Hole
Acres Approved: 8.7
Application ID: PA-001950
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Permit Number:ONSLO-2024-0112
Address: Wilmington Hwy
City: Holly Ridge
County: Onslow
River Basin:White Oak
Stream Classification: SW: Swamp Waters; HOW: High Quality Waters; SC:Aquatic Life, Secondary Contact
Recreation, Tidal Salt Water
Plan Type: Commercial
Dear Mr.
Edwards,
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 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.
Title 15A NCAC 4B .0118(a) and the NCGO1 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 NCGO1 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.
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,
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Rhonda Hall
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Attachments: Approval Comments and Conditions
Certificate of Plan Approval
APPROVAL COMMENTS AND CONDITIONS
Project Name: Hurricane Hole
Project ID: ONSLO-2024-0112
Application ID: PA-001950
County: Onslow
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.
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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. Any borrow material brought onto this site must be from a legally operated mine or other approved
source. Any soil waste that leaves this site can be transported to a permitted mine or separately permitted
construction sites without additional permits under NCGS 74-49(7)(d). Disposal at any other location would
have to be included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 8_7 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Any addition in impervious surface, over that already noted on the approved plan, would
also require a revised plan to verify the appropriateness of the erosion control measures and stormwater
retention measures (NCGS 113A-54.1(b)).
8.Because of the proximity of High Quality Waters to this site,the NPDES stabilization timeframe of 7
days must be complied with for areas within the High Quality Water(HQW)Zone.
9. 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).
10. Because the sediment traps and basins are shown on the plan as the primary sedimentation and erosion
control devices on this project, it is necessary that the traps and basins and their collection systems be
installed before any other grading takes place on site, and that every structure that receives more than one
acre of drainage is built so that each dewaters only from the surface (NCG010000). If that proves to be
impractical, a revised plan must be submitted and approved that addresses erosion and sediment control
needs during the interim period until the traps and basins are fully functioning(113A-54.1(b)).
11. 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(113A-54.1(b)).
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12.As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party
shall comply with the NCGO1 Ground Stabilization And Materials Handling requirements that became
effective April 1, 2019. The NCGO1 Ground Stabilization And Materials Handling standard detail can be
printed from the deq.nc.gov/NCG01 website.
13.As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party
shall comply with the NCG01 Self-Inspection, Recordkeeping and Reporting requirements that became
effective April 1, 2019. The NCGO1 Self-Inspection, Recordkeeping and Reporting standard detail can be
printed from the deq.nc.gov/NCG01 website.
14.As a part of routine monitoring of the approved land-disturbing activity, the financially responsible party
shall assure inspections of the area covered by the approved plan after each phase of the plan has been
completed and after establishment of temporary ground cover in accordance with North Carolina General
Statute 113A-54.1(e).
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 I Division of Energy, Mineral and Land Res
Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington NC, 28405
910-796-7215
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.
Attachments:
Certificate of Approval - Friday, January 19, 2024 500 PM.docx 197 KB
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