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HomeMy WebLinkAboutNCC243388_ESC Approval Submitted_20241106 =-ZHE STATE':-��y"�" 1MY 0.,,3 'V�'� ROY COOPER 130 i Governor `^ O1 :fig: ,: ELIZABETH S.BISER ,e a Secretary *f'ti'f QWM ylotO= WILLIAM E.TOBY VINSON,JR NORTH CAROLINA Interim Director Environmental Quality September 30, 2024 LETTER OF APPROVAL Aria Construction &Development, Inc. ATTN: Bradford D.Alexander, Owner PO Box 321 Creswell, North Carolina 27928 RE: Project Name: The Village at Old Wharf Road Application ID: PA-005994 Permit Number: DARE-2025-00112 Acres Approved: 10.53 County: Dare City: Wanchese Address: Old Wharf Road River Basin: Pasquotank Stream Classification: SA: Market Shellfishing, Tidal Salt Water Plan Type: New Plan -Project consists of the construction of 49 residential cottage dwellings. Dear Mr.Alexander, 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 (eNOl) 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 eNOl form may be accessed at deq.nc.gov/NCG01. ODE �,- North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources ') Washington Regional Office 1943 Washington Square Mall I Washington,North Carolina 27889 NORTH CAROLINA oewnmem m emron,anui a.nry 252.946.6481 Letter of Approval The Village at Old Wharf Road 9/30/2024 Page 2 of 4 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 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, Ram���`/ Chris Pullinger for Samir Dumpor, PE Regional Engineer Land Quality Section Letter of Approval The Village at Old Wharf Road 9/30/2024 Page 3 of 4 General Comments 1. This permit allows for a land disturbance,as called for on the application plan,not to exceed 10.53 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)). 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 (NCGS 113A-57(3); 15A NCAC 4B .0115). Each sediment storage device must be inspected after each storm event(NCGS 113A54.1(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. The applicant 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. 4. If any area on site falls within the jurisdiction of Section 401 or 404 of the Clean Water Act,the applicant 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 applicant 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)). 5. Any off-site borrow and waste required for this project must come from a site with an approved erosion control plan,a site regulated under the Mining Act of 1971,or a landfill regulated by the Division of Solid Waste Management. Trash/debris from demolition activities or generated by any activities on site must be disposed of at a facility regulated by the Division of Solid Waste Management or per Division of Solid Waste Management or Division of Water Resources rules and regulations. [15A NCAC 4B .0110] Letter of Approval The Village at Old Wharf Road 9/30/2024 Page 4 of 4 6. 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)). 7. 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 regraded 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 113A52(6)). 8. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall comply with the NCG01 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. 9. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party shall comply with the NCGO1 Self-Inspection, Recordkeeping and Reporting requirements that became effective April 1, 2019. The NCG01 Self-Inspection,Recordkeeping and Reporting standard details can be printed from the deq.nc.gov/NCG01 website. 10. 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). 11. The NCG01 has a$120 yearly fee and our office often receives closure inspection requests days prior to yearly NCG01 fee payment due dates. Be advised the project requires a closure inspection report by DEMLR prior to filing the Notice of Termination (NOT) to terminate NCG01 coverage. The closure inspection should not be requested until after the site has achieved full vegetative stabilization and measures have been removed. The removal of temporary ESC measures,including basins,requires prior approval. Often,a full growing season is necessary between initial seeding/mulching and removal of measures. Please plan your construction accordingly to avoid contacting our office prematurely for a closure inspection. Also be advised you may be asked for representative site pictures prior to a closure inspection. 12. Because 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)).