20-19 Letter of Refinement

0
NORTH CAROLINA
Environmental Ouality
June 24, 2019
WLI Investments, LLC
C/o D Logan
60 Gregory Road, Suite 1
Belville, NC 28451
Dear Mr. Logan:
ROY COOPER
Gommor
MICHAEL S. REGAN
Secmmry
BRAXTON DAVIS
Director
This correspondence is in response to your request to Modify State Permit No. 20-19, which was
transferred to you on June 6, 2019. The permit authorized construction of a residential subdivision, upland
marina basin, docking facility and appurtenances adjacent to the AIW W and Topsail Sound, at Factory
Road, in Hampstead, NC. The permit is scheduled to expire on December 31, 2022.
Based on the information provided, you are requesting a permit modification to place spoil material from
the excavated upland marina basin on adjacent property owned by Bert Lea Jr. It appears the proposed
project would be located within the Outstanding Resource Waters (ORW) Area of Environmental
Concern which is measured 575' from the normal high water line. However, your project appears to be
located outside of any areas Coastal Wetlands or Federally regulated wetlands.
Upon review of the submitted request, dated received on June 20, 2019, the Division of Coastal
Management has determined that the proposed action continues to be consistent with existing State Rules
and regulations and is in keeping with the original purpose and intent of the permit. This Letter of
Refinement authorizes the modification of State Permit #20-19, as described in your transmittal letter.
Please note that this Letter of Refinement does not authorize any additional development. This permit
modification does not authorize any fill material to be placed in any open water areas or wetlands.
Sincerely,
` v
on ail
ield Respresentative
cc: Courtney Spears, DCM — WiRO
Liz Hair, COE - Wilmington
Wilmington Files
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive E#., Wilmington, NC 28405
919 796 7215

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4LMG
LAND MANAGEMENT GROUP
a WOIETI company
June 19, 2019
TO: Jason Dail
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Shoals at Lea's Marina, WLI Investments, LLC
Jason,
On behalf WLI Investments, LLC I would like to request a Letter of Refinement to CAMA permit
#20-19 to allow spoil placement at 301 Lea's Lane and a 75.60-acre track (PIN 3283-94-9377-0000)
adjacent to Hoover Road in Hampstead.
A letter of permission from Mr. Bert Lea is enclosed to allow for the placement of material at 301
Lea's Lane. Mrs. Dorothy Medlin has signed a no objection statement to the material placement
and the DEML has authorized the project. The statement and DEML plan (Sheet C-3.3 dated
6/12/19) and authorization are enclosed.
The 75.60-acre tract is owned by the applicant and an Erosion Control Plan has been submitted
to DEMLR. The deed and plan (Sheet EC-2.0) are enclosed.
Please let me know if you have any questions or need anything in addition to authorize the Letter
of Refinement.
Sincerely,
/ JA-TI J
Greg Finch
Land Management Group
Enclosure: As Stated
cc: D Logan
RECEIVED
JUN 2 0 2019
DCM WILMINGTON, NC
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
enatm Director
NORTH CAROLINA
Enr (ronmenral Quality
June 13, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
AND PERFORMANCE RESERVATIONS
WLI Investments, LLC
ATTN: D Logan, Manager
60 Gregory Road
Belville, NC 28451
RE: Project Name: Shoals at Lea's Marina (Formerly Shoals at Lea's Waterfront)
Acres Approved: 69.1
Project ID: PENDE-2019-011
County: Pender, City: Hampstead
Address: Factory Road (SR 1570)
River Basin: Cape Fear
Stream Classification: HQW
Submitted By: J. Branch Smith, PE, Paramounte Engineering, Inc.
Date Received by LQS: May 17, 2019, June 3, 2019 and June 12, 2019 (Modified)
Plan Type: Residential
Dear Mr. Logan:
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. This plan 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 (NOI) form requesting a Certificate of Coverage (COC) under the
NCGO10000 Construction Stormwater General Permit. This form MUST be submitted prior to
the commencement of any land disturbing activity on the above named project. The NOI form
maybe accessed at deq.nc.sov/NCGOl. Please direct questions about the NOI form to Annette
Lucas at Annette.lucasftcdem.sov or Paul Clark at Paul.clark(@,ncdenr.gov. After you submit a
complete and correct NOI Form, a COC will be emailed to you within three business days.
Initially, DEMLR will not charge a fee for coverage under the NCG01 permit. However, on or
after June 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
RECEIVED
JUII'! 2 0 2019
DCM WILMINGTON, NC
D_E Q� North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.TM

Letter of Approval with Modifications and Performance Reservatios
WLI Investments, LLC
June 13, 2019
Page 2 of 4
Title 15A NCAC 413 .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 NCGO1 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, 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. Please notify us if you plan to
have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: NCGOI Fact Sheet
cc: J. Branch Smith, PE, Paramounte Engineering, Inc.
122 Cinema Drive, Wilmington, NC 28403
RECEIVED
JUN 2 0 2019
--DCM WILMINGTON, NC

Letter of Approval with Modifications and Performance Reservatios
WLI Investments, LLC
June 13, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Shoals at Lea's Marina (Formerly Shoals at Lea's Waterfront)
Project ID: PENDE-2019-011
County: Pender
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
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)
3. 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 regarded 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 113A-52(6)).
4. 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 Stonnwater 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 highland 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 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)).
RECEIVED
JUN 2 0 2019
DCM WILMINGTON, NC

Letter of Approval with Modifications and Performance Reservatios
WLI Investments, LLC
June 13, 2019
Page 4 of 4.
6. Any borrow material brought onto this site must be from a legally operated mine or other approved source.
Any soil waste that leaves this site can be transported to a permitted mine or separately permitted
construction sites without additional permits under NCGS 7449(7)(d). Disposal at any other location would
have to be included as a permit revision for this approval.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 6.1
additional acres for a total of 69.1 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.l(b)).
8. The construction detail for the proposed silt fence requires reinforcing wire and steel posts a maximum of
eight (8) feet apart. Omission of the reinforcing wire is a construction change that necessitates more posts
for support, i.e., the spacing distance needs to be reduced to no greater than six (6) feet apart (E&SC Planning
& Design Manual 6.63, Rev. 6/06).
9. 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 (1 13A-54. I (b)).
10. 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)).
11. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible
party shall comply with the NCGOI Ground Stabilization And Materials Handling requirements that
became effective April 1, 2019. The NCGOI Ground Stabilization And Materials Handling standard
detail can be printed from the deq.nc.gov/NCGOI website.
12. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible
party shall comply with the NCGOI Self -Inspection, Recordkeeping and Reporting requirements that
became effective April 1, 2019: The NCGOI Self-hispection, Recordkeeping and Reporting standard
detail can be printed from the deq.nc.gov/NCGOI website.
13. 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).
14. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed
area and time of exposure should be limited. We recommend this project be phased so that uncovered area
is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5),
the land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation
control plan.
RECEIVED
JUN 2 0 2019
DCM WILMINGTON, NC

CERTIFIED MAIL • RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY'OWNER NOTIFICATION/WAIVER FORM
Name of Individual applying for Permit: WU Investments; LLC
Address of Pro a 301- Lea's Lane, Hampstead, Pander County
P rty:
Approved Erosion Control Plan, Sheet C-3.3, Dated 6112/19
(Lot or Street #, Street or Road, City & County)
I hereby certify that i own property adjacent to.the above referenced property. The individual
applying for this pennit.has described to me as shown on the attached drawing the development
they are proposing_ A description or drawing, with dimensions, shouldbe provided with this letter.
A` a' 1 qi jt arre no ebb eofions to is rop�osat
ff you have objections to what is being proposed, please write the Division of Coastal
Management, 406 Commerce Avenue; Morehead City, NC, 28557 or call (252)R08-2808 yvithin
10 days, of receipt of this notice. No response is considered the same as no objection ff you
WAIVER SECTION
NA
I understand.thata pier, dock, mooring pilings,, breakwater, boathouse, boatlift or sandbags
must be set back a. minimum°distance of 16 from my area of riparian access unless waived by
me. (If you wish towaivethe setback, you must initial the appropriate blank below.)
NA I do wish to waive the 15' setback requirement.
NA I do not wish to waive the 15' setback requirement.
(Applicant Information)
60 Gregory Road
Mailing Address
Belville, NC 28451
Cto'State0p
910-452-7175
Telephone Number
6/18/19
Date
(Riparian Property Owner information)
Signature Q
Dororthy Medlin
Print or Type Name
9/0 71-76 3�00
Telephone Number
Dane RECEIVED
JUN 2 0 Z019
DCM WILMINGTON, NC

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EROSION CONTROL PLAN
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HOOVER ROAD INVESTMENTS, LLC
60 GREGORY ROAD, SUITRI
BELVILLE, NC 26451
REVISIONS:
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