HomeMy WebLinkAboutNCC220638_MODIFICATION Supporting Doc (LOTS 1-2 37-40)_20221208ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
D.R. Horton, Inc
ATTN: Elizabeth Shelton
131 Racine Dr
Suite 201
Wilmington NC, 28403
NORTH CAROLINA
Environmental Quality
November 16, 2022
LETTER OF APPROVAL
RE: Project Name: Ballentine Grove -DR Horton Lots
Acres Approved: 2.61
Project ID: CARTE-2022-016
City: Cape Carteret
County: Carteret
Address: NC Highway 24
River Basin: White Oak
Stream Classification: HQW
Submitted By: Donald Aiken, DR Horton, Inc
Date Receive by LQS: October 24, 2022
Plan Type: Residential
Dear Ms. Shelton:
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 if required. 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. 113A-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 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 processed, you will receive the COC via email. As the Financially
Responsible Party shown on the FRF from submitted for this project you MUST obtain the COC prior to
commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc.gov/NCGOI. Please
direct questions about the eNOI 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.
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
NORTH CAROLINA -
DWMneotofEnvo-onm 'm' ar� /`� 910.796.7215
D.R. Horton, Inc
November 16, 2022
Page 2 of 4
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,
Mike Cook
Assistant Regional Engineer
Land Quality Section
Enclosures: Conditions Required for Approval
NPDES NCGO1 Fact Sheet
cc: Donald Aiken, DR Horton, Inc
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
NORTH CAROLINA -
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D.R. Horton, Inc
November 16, 2022
Page 3 of 4
Approval Letter and Conditions
Project Name: Ballentine Grove -DR Horton Lots
Project ID: CARTE-2022-016
County: Carteret
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.
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).
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 maybe 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)).
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.
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 I I 3A-54. I (b)).
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
NORTH CAROLINA _
oepzmnenc of enmreen,eemi ueenry 910.796.7215
D.R. Horton, Inc
November 16, 2022
Page 4 of 4
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.
This permit allows for a land disturbance, as called for on the application plan, not to exceed 2.61
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 I I 3A-54. I (b))..
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).
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 provided NPDES General Stormwater Permit (NCG010000), groundcover
stabilization must meet specific time frames. Slopes (including cuts, fills, and ditch banks) that are
steeper than 3 horizontal to 1 vertical left exposed will, within seven (7) calendar days after
completion of any phase of grading, be provided with groundcover. Slopes that are 3 horizontal to 1
vertical or flatter will be provided with groundcover within fourteen (14) calendar days.
11. 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).
12. 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.
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
D EQ7> 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
NORTH CAROLINA _
oepzmnenc of enmreen,eemi ueenry 910.796.7215