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ROY COOPER 31
MICHAEL S.REGAN
secretary Niauw ..-
BRIAN WRENN NORTH CAROLINA
Acting Director Fitviroune tal Quality
March 19,2020
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Clayton Properties Group, Inc.
ATTN: Scott Bowser
PO Box 4098
Maryville,TN 37802
RE: Project Name: Songbird Landing Phase 1, Section 1
Acres Approved: 31
Project ID: PENDE-2020-001
County: Pender
City: Hampstead
Address: Country Club Road
River Basin: Cape Fear
Stream Classification: HQW
Submitted By: Luke Menius, Stroud Engineering, PA
Date Received by LQS: March 10, 2020 and March 19, 2020 (Revised)
Plan Type: Residential
Dear Mr. Bowser:
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. 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 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.lucas@ncdenr.gov or Paul Clark at Paul.clark cnr 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.
North Carolina Department of Environmental Quality Division of Energy,Mineral and Land Resources
Wilmington Regional Office 127 Cardinal Drive Extension Wilmington.North Carolina 28405
°Vr 910.796.7215
Letter of Approval with Modifications and Performance Reservations
Clayton Properties Group,Inc.
March 19, 2020
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 31 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)).
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-54.1(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.I(b)).
11. 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 NCGO1 Ground Stabilization And Materials Handling standard detail can be
printed from the deq.nc.gov/NCG01 website.
12. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party
shall comply with the NCGO I Self-Inspection, Recordkeeping and Reporting requirements that became
effective April 1,2019. The NCG01 Self-Inspection, Recordkeeping and Reporting standard detail can be
printed from the deq.nc.gov/NCGO1 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 1 13A-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
Fact Sheet on the New NCG01 Permit -DE Q
April 2019
The NC Construction General Permit(also known as"NCGO1")was renewed on April 1,2019.The updated permit
does not significantly change the measures that are required to be implemented on construction sites. However,
there are some organizational and technical updates to the permit as described below. Most notably,there is a new
process in which construction sites will obtain official coverage under an NCG01 permit through an electronic
process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions,
contact Annette Lucas at Annette.lucas@ncdenr.gov or(919)707-3639.
Organizational Updates Acronyms to Know
The new permit: COC: Certificate of Coverage, proof of coverage under an NCGO1 permit
• Repeats state requirements for E&SC DEMLR: NC Division of Energy, Mineral,and Land Resources
Plans and organizes them with federal E&SC: Erosion&Sedimentation Control
construction activity requirements; e-NOI: Notice of Intent,application form for the NCG01 permit
• Is clearly organized by topic;and e-NOT: Notice of Termination,form for closing out the NCGO1 permit
• Has less text and more tables. SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
Technical Updates
The new permit:
• Requires that the E&SC Plan meet
SWPPP requirements (p. 2);
• Provides a list of items that must be
included in the SWPPP,such as the
construction sequence, plans,
calculations,etc. (p. 2-4);1
• Has updated language on bypasses and
upsets that is tailored to construction
activities (p. 10);
• Puts all timeframes for inspections,
record-keeping and reporting in The NCGO1 Process
"calendar days"for clarity and The new NCG01 applies to permits approved on or after April 1,2019.
consistency(p. 11 14);z Permittees will no longer receive a copy of the NCG01 permit in the mail
• Changes the inspection frequency with their E&SC Plan approvals and be considered as covered under the
(during business hours)to at least permit. Federal rules require that DEMLR receive an NOI on each
once per 7 calendar days and after construction project and issue each construction project its own COC.
every storm > 1.0 inch (previously 0.5
inch);3 and Under the new NCG01 process,construction sites will continue to
• Excludes weekends,state and federal receive approval for E&SC Plans from either DEMLR or the delegated
holidays from normal business hours local E&SC program just like before.After receiving E&SC Plan approval,
unless construction activities take permittees will officially obtain coverage under the NCG01 by
place (p. 23). completing an e-NOI (available at deq.nc.gov/NCG01). The e-NOI will
only take about 20 minutes to fill out and submit on-line.
1 This list is based on website guidance
by the DEMLR Sediment Program. Initially,there will be no charge associated with applying for an NCG01
Z The number of calendar days was permit but on or around June 1, 2019, DEMLR will begin charging a $100
selected to be as equivalent as annual general permit fee as required per§143-215.3D.
possible with the previous permit. DEMLR is working on creating a single application form that will allow an
3 The intent is to provide predictability applicant to simultaneously apply for an E&SC permit and an NCG01
to the inspection schedule. COC.That effort is part of a larger Permit Transformation project at
DEMLR.
Q&A About the New NCG01 Permit
Why do construction sites have to do this extra application step? How does the new NCGO1 affect the
DEMLR is required by the EPA to issue a specific COC to every construction delegated local E&SC Programs?
site that disturbs one acre or more. DEMLR is working to create a form Local programs will continue to review
that combines the E&SC plan approval and e-NOI processes, but that will and approve E&SC plans. However,
take more time. For now, DEMLR has created an efficient e-NOI process. they will no longer send copies of the
NCG01 with E&SC Plan approvals.
If an E&SC Plan is approved before April 1,which permit applies? DEMLR will provide sample language to
Projects with already approved E&SC Plans will automatically follow the use in local E&SC Plan approvals to
new NCG01 permit, but will not need to fill out an e-NOI or pay an annual advise permittees that they must
permit fee. However,the permittees should print the new permit and the submit an e-NOI to DEMLR.
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCGO1?
Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCG01 that '--.
can be placed into the E&SC plan set.The first covers the site stabilization -,'
and materials handling portions of the permit. The second sheet covers
the inspection, record-keeping and reporting portions of the permit. 1F"'
How will the new e-NOI submittal and COC process work?
Permittees will apply for E&SC Plan approvals from DEMLR or the local
E&SC program like before.The E&SC approval letter will instruct the
permittee to visit deq.nc.gov/NCG01 to submit an e-NOI form to DEMLR. Local programs are not required to
The permittee may begin the construction activity after receipt of the COC check if permittees have submitted e
(within three days*).The permittee must print and retain a copy of the NOls to DEMLR. However, if they wish
permit and the COC on site. Initially,the COC will be issued for free but on to do this voluntarily,there will be a
or around June 1, 2019, a$100 annual general permit fee will be charged. tool available on DEMLR's web site for
them to view a list of construction
Who is allowed to submit an e-NOI form? projects that have submitted e-NOls.
Submittal must be by a responsible corporate officer that owns or
operates the activity,such as a president,secretary,treasurer,or vice When local programs close out an E&SC
president or a manager that is authorized in accordance with IV.B.6 of the Plan,the close-out letter will advise
NCG01 permit. Additional signatory options are set forth in IV.B.6 of the permittees that they must submit an e
permit. It is possible for consultant to prepare the e-NOI,save it as a draft, NOT. DEMLR will provide sample
and email it to the responsible entity for signature&submittal. language.
Local programs may approve E&SC
What happens to the COC when the construction activity is complete? plans that meet state sediment laws
When a project is complete,the permittees will contact DEMLR or the local and rules even if those plans are not
delegated program to close out the E&SC Plan.After DEMLR or the local compliant with all of the NCG01
E&SC program inform the permittee of the project close out via inspection requirements. However,their
report,the permittee will visit deq.nc.gov/NCG01 to submit an e-NOT. permittees will be required to add two
Will there be a grace period for adherence to the new process? plan sheets (which will be provided by
DEMLR does not have the authority to grant a grace period from a DEMLR)to their E&SC Plans to ensure
federally mandated permit. Permittees will be informed of the new that they fully comply with the ground
process via web site, E&SC Plan approval letters and list servs. If a stabilization, materials handling, and
construction activity disturbs one acre or more(or is part of common plan inspection, record keeping and
of development that disturbs one acre or more)fails to submit an e-NOI reporting portion of the NCGO1 permit.
after approval of its E&SC Plan,this is a violation of federal permitting
requirements and the permittee could be subject to a penalty assessment. * Or 24 business hours for a project
approved under the DEMLR Express
review program.