NCC212696_ESC Approval Submitted_20210520

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
April 23, 2021
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
U.S. Army Corps of Engineers
Gregory L. Williams PhD, P.E., Chief, Engineering Branch
69 Darlington Avenue
Wilmington NC 28403
RE: Project Name: Eagle Island Cell 1 Improvements FY 20-21 and Cell 3
Acres Approved: 50
Project ID: BRUNS-2021-032
County: Brunswick
City: Eagle Island
Address: Battleship Road Northeast
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Gregory L. Williams PhD, P.E., U.S. Army Corps of Engineers
Date Received by LQS: April 1, 2021
Plan Type: Other
Dear Mr. Williams:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter
of Approval with Modifications and Performance Reservations. A list of the modifications and
reservations is attached. 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. Should the
plan not perform adequately, a revised plan will be required (G.S. I I 3A-54. 1)(b).
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 NCG010000
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
Annette Lucas at Annette. lucas2ncdenr.gov or Paul Clark at Paul. clark2ncdenr.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.
D � North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH (`„gRpLihW
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Letter of Approval with Modifications and Performance Reservations
U.S. Army Corps of Engineers
April 23, 2021
Page 2 of 4
Title 15A NCAC 413.0118(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 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-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. 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. 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: Modifications Required for Approval
NPDES NCGO1 Fact Sheet
cc: Wilmington Regional Office file

Letter of Approval with Modifications and Performance Reservations
U.S. Army Corps of Engineers
April 23, 2021
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Eagle Island Cell 1 Improvements FY 20-21 and Cell 3
Project ID: BRUNS-2021-032
County: Brunswick
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 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 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)).

Letter of Approval with Modifications and Performance Reservations
U.S. Army Corps of Engineers
April 23, 2021
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 74-49(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 20
additional acres, to total 50 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. 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)).
10. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible
party shall comply with the NCGO1 Ground Stabilization And Materials Handling requirements that
became effective April 1, 2019. The NCGO1 Ground Stabilization And Materials Handling standard
detail can be printed from the deq.nc.gov/NCGOI website.
11. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible
party shall comply with the NCGO1 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/NCGOI 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 completed and after establishment of temporary ground cover in accordance with North
Carolina General Statute I I3A-54.I(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