HomeMy WebLinkAboutNCC241686_ESC Approval Submitted_20240604 (71.,ROY COOPERGovernor ELIZABETH S.BISER Secretary nu.m
WILLIAM E.TOBY VINSON,JR. NORTH CAROLINA
Environmental Quality
Interim Director
March 1, 2024
LETTER OF APPROVAL WITH MODIFICATIONS
MPV Kellswater LLC
Attention: James Merrifield, Manager
2400 South Boulevard, Suite 300
Charlotte,North Carolina 28203
RE: Project Name: Kellswater Commons Lowes Food
Project ID: CABAR-2024-016
Acres Approved: 23.00
County: Cabarrus
City: Kannapolis
Location: Rogers Lake Road
River Basin: Yadkin Pee Dee
Stream Classification: Other
Submitted By: WK Dickson
Date Received by LQS: February 15, 2024
Plan Type: Revised
Dear Mr. Merrifield:
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 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 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 NCG01 permit require that the following documentation be kept on
file at the job site:
E cr) North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
�or►� /"� 704-663-1699
Letter of Approval with Modifications
MPV Kellswater LLC
March 1, 2024
Page 2 of 3
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 30 days.
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, 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. 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,
Kathryn S. Peterson
Assistant Regional Engineer
Land Quality Section
KSP
Enclosure: Certificate of Approval
Modifications Required for Approval
NCG01 Fact Sheet
c: WK Dickson
Attention: Weston G. Boles, PE
1213 West Morehead Street, Suite 300
Charlotte,North Carolina 28208
1:11E ) North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
704-663-1699
Letter of Approval with Modifications
MPV Kellswater LLC
March 1, 2024
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Kellswater Commons Lowes Food
Project ID: CABAR-2024-016
County: Cabarrus
Reviewed by: Kathryn S. Peterson
1. Ensure matting is utilized on all slopes upgradient of the wetland area.
2. Additional measures may be required- The applicant is responsible for the control of sediment on-site. If
the approved erosion and sedimentation control measures prove insufficient, the applicant must take
those additional steps necessary to stop sediment from leaving this site. [15A NCAC 4B .0115]
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
7� 1) North Carolina Department of Environmental Quality I Division of Energy,Mineral,and Land Resources
Mooresville Regional Office 1610 East Center Avenue,Suite 301 I Mooresville,North Carolina 28115
M 704-663-1699