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Home My WebLink AboutNCC230656_ESC Approval Submitted_20230310ROY COOPER Governor ELIZABETH S. B€SER secretary DOUGLAS R. ANSEL interim Df rctar Bear Den Mountain Resort, Inc. ATTN: Mr. Mark Krauss 600 Bear Den Mountain Rd. Spruce Pine, NC 28777 NORTH CAROLINA Environmental Quality February 28, 2023 RE: Project Name: BRUSHY CREEK MTN. RESORT Project ID: MITCH-2022-003 County: Mitchell Dear Mr. Krauss, Please find enclosed the reissued Letter of Approval with Modifications dated September 30, 2022. If you have any questions please contact Fred Walker at 919- 302-4969 or fred,walkerCa,,,B. enr.gov. Sincerely, vL— red Walker, PE Engineer .III Land Quality Section Enclosures: Reissued Letter of Approval with Modifications ec: Ms. Shawna Riddle — NCDEQ-LQS shawna.riddle cde ov ��F North Caroltna Department of Environmenta[ Quality I Division of Energy. Mineral and Land Resources Asheville Reglonal Office 1 2090 US. Highway 70 1 Swannanos, North Carolina 28778 tr 828.2%.4500 ROY COOPER Governor ELIZABM S. BISER Secretary BRIAN WRENN Oinrctor NORTH CAROLINA Environmental Quality September 30, 2022 LETTER OF APPROVAL WITH MODIFICATIONS Bear Den Mountain Resort, Inc. ATTN: Mr. Mark Krauss 600 Bear Den Mountain Rd. Spruce Pine, NC 28777 RE: Project Name: BRUSHY CREEK MTN. RESORT Acres Approved: S.33 Project 1D: MITCH-2022-003 County: Mitchell City: Spruce Pine Address: 142 Hinson Thomas Rd. River Basin: French Broad Stream Classification. UT to Brushy Creek & Brushy Creek - Class C, Trout Submitted By: Mr. Mark Krauss Date Received by LQS: June 13, 2022 Date Revision Received by LQS: September 16, 2022 Plan Type: Commercial Dear Mr. Krauss, 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 NCGO10000 Construction General Permit. After the form is reviewed and found to be complete, you will receive a link with payment instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the eNOI form to Paul Clark at Paul.clark@ncdenr.gov. If the owner/operator of this project changes in the future, the new responsible party is required to apply for his/her own COC. igkE .,_ North Carolna Department of Environmental Quality I DlAslon of Energy. Mineral and Land Resources ��r}'� Asheville Regional Office 1 2090 U S. Highway 70 1 Swannanoa. North Carolina 28778e�"� 828.2%.4500 Letter of Approval with Modifications Bear Den Mountain Resort, Inc. September 30, 2022 Page 2 of 4 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 insure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program 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-S 1 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. This permit allows for a land - disturbance, as called for on the application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this permit and would require a revised plan and additional application fee. 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, PtA_)J,4_ Fred Walker, PE Engineer III Division of Energy, Mineral, and Land Resources Letter of Approval with Modifications Bear Den Mountain Resort, Inc. September 30, 2022 Page 3 of 4 Enclosures: Certificate of Approval NPDES NCG01 Fact Sheet Modifications ec: Ms. Shawna Riddle - NCDEQ-LQS (shawna.riddle@ncdenr.gov) Mr. Landon Davidson, PG - NCDEQ DWR (landon.davidson@ncdenr.gov) Mr. Mitchell Anderson - NCDEQ DWR (mitchell.anderson(@ncdenr.gov) cc: Regional Office file Letter of Approval with Modifications Bear Den Mountain Resort, Inc. September 30, 2022 Page 4 of 4 MODIFICATIONS REQUIRED FOR APPROVAL Project Name: BEAR DEN MTN. RESORT Project ID: MITCH-2023-003 County: Mitchell For final plan approval please provide 2 revised plan sets and other required documents to the Asheville Regional Office. 1. Provide wire -backed double row silt fence or super silt fence between construction activities and receiving stream. [G.S.113A-57.(3)] 2. Provide elevations for proposed contours on sediment basin. [15A NCAC 04B .0106(a)(2)] 3. Hatch all areas on the plan required to meet NPDES NCGO10000 stabilization requirements. [NPDES NCGO10000] 4. Provide stabilized outlets for all proposed conveyances. [G.S. 113A-57.(3)] 5. Revise the construction sequence to include the following language: notify NCDEQ LQS inspector 48 hrs. before project starts; no major grading activities or basin construction are to take place during wet weather or periods of predicted wet weather i.e. Hurricanes; notify NCDEQ LQS inspector when project is ready for a close out inspection; file for NPDES NCGO10000 e-Notice of Termination when final close out inspection report is received from NCDEQ LQS; site must be "storm ready" before any extended breaks in construction activities including weekends; for sites using slope drains, at the end of each day, the contractor shall establish a berm or ditch at the top of all fill slopes. The berm or ditch shall be constructed to prevent potential runoff from sheet flowing over and down the slope. Positive drainage shall be established to the inlets of any slope drains. [15A NCAC 04B .0106(a)(2)] 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