NCC240288_ESC Approval Submitted_20240201

Donald Aiken
From: SVC_DoNotReply-DEQPermits <[e-mail]>
Sent: Wednesday, January 31, 2024 3:32 PM
To: Donald Aiken
Cc: Donald Aiken
Subject: NC DEMLR - FROF Application Approval CRM:0102055
Attachments: Certificate of Approval -Wednesday, January 31, 2024 328 PM.docx
[External]
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North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
Roy Cooper
Governor
Elizabeth S. Biser
Secretary
William Vinson Jr. (Acting)
Director
01-31-2024
LETTER OF APPROVAL
D.R. Horton, Inc.
6752 Parker Farm Dr.,Suite 210
Wilmington, NC 28405
RE: Project Name: Mariner's Reach
Acres Approved: 170
Application ID: PA-001906
Permit Number: BRUNS-2024-0125
Address:Clemmons Rd.
City: Lockwood Folly
County: Brunswick
River Basin: Lumber
Stream Classification:C:Aquatic Life,Secondary Contact Recreation, Fresh water;SW:Swamp Waters
Plan Type: New Plan
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Dear D.R. Horton, Inc.,
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. The Certificate of Approval must be posted at the job site. 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 NCG010000 Construction Stormwater General
Permit. After the form is reviewed and found to be complete,you will receive a link with payment instructions for the
$120 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially Responsible Party
shown on the FRO form submitted for this project, you MUST obtain the COC prior to commencement of any land
disturbing activity. The eNOl form may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form
to the Stormwater Program staff in the Raleigh central office. If the owner/operator of this project changes in the future,
the new responsible party must obtain a new COC.
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 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
insure 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/Ownership 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,
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Mike Cook
Assistant Regional Engineer
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: [phone]
Email: [e-mail]
127 Cardinal Drive Extension
Wilmington, NC 28405
Approval Letter and Conditions
Project Name: Mariners Reach
Project ID: BRUNS-2024-0125
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 113A52(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,
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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 highlands 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)).
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 170.00
acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Land disturbance should be conducted in a manner to minimize land exposure, preferably
limited exposure to approximately 20 acres at a time. 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(113A-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
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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 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/NCGO1 website.
12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible party shall
comply with the NCG01 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).
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
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington NC,28405
-. 910-796-7215
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