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HomeMy WebLinkAboutNCC243289_ESC Approval Submitted_20241025 6McsTATF-„ cor ROY COOPER Governor C ELIZABETH S.BISER �`,, �°,„,,_,,.„ Secretary Q""V1O� WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality October 4, 2024 LETTER OF APPROVAL Town of Belhaven ATTN: Ms. Lynn Davis, Town Manager PO Box 220 Belhaven, North Carolina 27810 RE: Project Name: Wynne's Gut Wetland Improvements Permit Number: BEAUF-2025-0117 Acres Approved: 1.9 County: Beaufort City: Belhaven Address: W Pantego St River Basin: Tar-Pamlico Stream Classification: NSW: Nutrient Sensitive Waters; SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt Water Submitted By: Rummel, Kleper&Kahl, LLP Plan Type: Revised Plan Dear Ms. Davis, This office has reviewed the subject erosion and sedimentation control plan. We hereby issue this Letter of Approval. Any modifications required for approval are listed in the body of the email that accompanied this attached letter. The enclosed 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 not explicitly exempt 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 annual permit fee. After the fee is processed,you will receive the COC. 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. D E Q North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources 512 North Salisbury Street 1612 Mail Service Center I Raleigh,North Carolina 27699-1612 NORTH CAROLINA rep,tmem m emroomet I war4 919.707.9200 Letter of Approval Town of Belhaven 08-27-2024 Page 2 of 3 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 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 and on the plan, which you provided. You are requested to file an amended form if there is any change in the information included on the form. Your cooperation is appreciated. Sincerely, Land Quality Section Letter of Approval Town of Belhaven 08-27-2024 Page 3 of 3 General Comments 1. 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). 2. 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 highlands would still have to be in compliance with the N.C. Sedimentation Pollution Control Act. 3. 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)). 4. 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)). 5. Additional measures may be required - The applicant is responsible for the control of sediment onsite. 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].