NCC243354_ESC Approval Submitted_20241030

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FW: [E] N CDEMLR - FRO FApplication Approval CRM:0102203
From A dkins, M att <[e-mail]>
Date Wed 8/28/2024 5:15 PM
To J onathan Allen <[e-mail]>
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Application Report-Wednesday,August 28,2024 218 PM.pdf;Certificate 20240828.pdf;
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From :Cook, M ke B<m ke.cook@ deq.nc.gov>
Sent: Wednesday,August 28, 2024 2:26 PM
To:Adkins, Matt<m art_adkins@ csx.com>
Cc:Adkins, Matt<m [e-mail]>
Subject: [E] NC DEM LR- FROF Application Approval CRM 0102203
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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
08-28-2024
LETTER 0 FAPPRO\AL
CSX Transportation Inc.
1590 Marietta Blvd NW
Atlanta, GA 30318
RE: Project Nam e CSX Transportation,Inc.Wilm ngton Speed Increase
Acres Approved: 7.96
Application ID:PA-006451
Perm 1 Num leer:NEWHA-2025-0123
Address: McRae St
City:Wilm hgton
County:New Hanover
River Basin: Cape Fear
Stream Classification: C:Aquatic Life, Secondary Contact Recreation,Fresh water
Plan Type:New Plan
Dear CSX Transportation Inc.,
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 m ust 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 corn plete and submit an electronic Notice of
Intent (eNOI) form requesting a Certificate of Coverage (CO C) under the NCG010000 Construction Stormwater
General Permit. After the form is reviewed and found to be corn plete, you will receive a link with paym ent
instructions for the $120 annual perm it fee. After the fee is processed,you will receive the CO Cvia em al. As the
Financially Responsible Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to
com m eicem ent of any land disturbing activity. The eNO (form may be accessed at deq.nc.gov/NCG01. Please
direct questions about the eNO Iform to the Storm water Program staff in the Raleigh central office. If the
owner/operator of this project changes in the future, the new responsible party m ust obtain a new CO C
Title 15A NCAC 4B .0118(a) and the NCGO1 perm it require that the following documentation be kept on file at the
job site:
1.The approved E&S plan as well as any approved deviation.
2.The NCGO1 perm it and the CO C 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
com pliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is perform ance-oriented, requiring protection of existing

natural resources and adjoining properties. If, following the corn m eicem ent of this project, the erosion and
sedimentation control plan is inadequate to meet the requirements of the Sedim entation Pollution Control Act of
1973 (North Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and
im plem entation of the revisions to insure corn pliance 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 m ay also apply to this land-
disturbing activity. This approval does not supersede any other perm it or approval.
Please note that this approval is based in part on the accuracy of the inform ation provided in the Financial
Responsibility/0 wiership Form,which you provided. You are requested to file an am ended form if there is any
change in the inform ation 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,
M ke Cook
Assistant Regional Engineer
Division of Energy, M neral and Land Resources
Land Quality Section
Phone: [phone]
Em al: m ke.coolc@ deq.nc.gov
127 Cardinal Drive Extension
Wilm ngton, NC 28405
Approval Letter and Conditions
Project Name: CSX Transportation, Inc. Wilmington Speed Increase
Project ID: NEWHA-2025-0123
County: New Hanover
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
sedim entation control measures prove insufficient, the developer must take those additional steps
necessary to stop sedim ent from leaving this site (NCGS 113A-57(3)). Each sediment storage device
m ust be inspected after each storm event (NCGS 113A-54.1(e)). Maintenance and/or clean out is
necessary anytimethe 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 corn plete (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 rem oral 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 m awed but stripping of vegetation is

considered new earth work and is subject to the same erosion control requirements as new ditches
(NCGS 113A52(6)).
4. The developer is responsible for obtaining any and all perm its and approvals necessary for the
development of this project prior to the corn m eicem ent of this land disturbing activity. This could
include our agency's Storm water regulations and the Division of Water Resources' enforcement
requirements within Section 401 of the Clean Water Act, the U.S. Arm yCorps of Engineers'jurisdiction of
Section 404 of the Clean Water Act, the Division of Coastal Management's CAM requirem ents, 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 perm it or
approval; however, in the case of a Cease-and-Desist 0 der from the Corps of Engineers, that 0 der
would only apply to wetland areas. All highlands 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 Environm ental Protection Agency (EPA) respectively. Any erosion control
m easures that fall within jurisdictional wetland areas m ust be approved by the aforementioned agencies
prior to installation. The Land Q Lality 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 m igration 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 Q Lality 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 m he or other approved
source. Any soil waste that leaves this site can be transported to a perm itted m he or separately
perm itted construction sites without additional perm its under NCGS 74-49(7)(d). Disposal at any other
location would have to be included as a perm it revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 7.98
acres. Exceeding that acreage will be a violation of this perm it and would require a revised plan and
additional application fee. Any addition in im pervious 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
storm water retention measures (NCGS 113A-54.1(b)).
8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a
m axim um of eight (8) feet apart. 0 m9sion of the reinforcing wire is a construction change that
necessitates m ore posts for support, i.e., the spacing distance needs to be reduced to no greater than six
(6) feet apart (E&3 Planning & Design Manual 6.63, Rev. 6/06).
9. A graveled construction entrance m ust 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)).
10. As a condition of the NPDES General Storm water Perm it (NCG010000), the financially responsible
party shall corn ply with the NCGO1 Ground Stabilization and Materials Handling requirements that

became effective April 1, 2019. The NCG01 Ground Stabilization and Materials Handling standard detail
can be printed from the deq.nc.gov/NCG01 website.
11. As a condition of the NPDES General Storm water Perm it (NCG010000), the financially responsible
party shall corn ply 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/NCGO1 website.
12. 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 corn pleted 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 Departm ent of Environm ental Q Lality
Division of Energy, Mineral & Land Resources
Land Q Lality Section
North Carolina Departm eit of Environm eital Quality Division of Energy,Mineral and
Land Resources
Wilm hgton Regional Office 127 Cardinal Drive Ext. Wilm hgton NC,28405
910-796-7215
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authorized state official.
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