NCC241840_ESC Approval Submitted_20240708

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ROY COOPER i,
Governor i i-
EL[ZABETH S.BISER „.suPA,1_,� •
Secretary ^" "O1
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
05-31-2024
LETTER OF APPROVAL
BV 232, LLC
ATTN: Blake Jennings
1414 Yanceyville Street
Greensboro, NC 27405
RE: Project Name: Biscuitville - Southport [EXPRESS]
Project ID: BRUNS-2024-0173
Acres Approved: 1.02
County: Brunswick
City: Southport
Address: 5059 Southport Supply Rd SE
River Basin: Cape Fear
Stream Classification: SW: Swamp Waters; SC: Aquatic Life, Secondary Contact Recreation, Tidal
Salt Water
Submitted By: Jessie Lester, Stimmel
Plan Type: Commercial
Dear Mr. Jennings,
This office has reviewed the subject erosion and sedimentation control plan. We hereby issue this
Letter of Approval. Any modifications required for approval are listed in the body of the email that
accompanied this attached letter. The enclosed 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 not explicitly exempt 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 annual permit fee. After the fee
is processed,you will receive the COC. 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 eNOI form may be accessed at deq.nc.gov/NCG01.
D E -"j North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
o�n•�m� o E..�m..m a..nh 919.707.9200

Letter of Approval
BV 232, LLC
05-31-2024
Page 2 of 4
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 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 and on the plan, which you provided. You are requested to file an
amended form if there is any change in the information included on the form.
Your cooperation is appreciated.
Sincerely, pp
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Attachments: Approval Comments and Conditions
Certificate of Plan Approval

Letter of Approval
BV 232, LLC
05-31-2024
Page 3 of 4
APPROVAL COMMENTS AND CONDITIONS
Project Name: Biscuitville - Southport
Project ID: BRUNS-2024-0173
Application ID: PA-005112
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 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)).
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
BV 232, LLC
05-31-2024
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 1.02 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. Sediment storage basins have not been provided on this site. It is proposed that compost silt sock and/or
silt fencing be used for sediment retention. If this proves to be inadequate, the developer must take those
additional steps necessary to stop sediment from leaving this site and a revised Soil and Erosion Control
Plan will be required to be submitted (NCGS 113A-57(3)).
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 NCG01 Ground Stabilization And Materials Handling requirements that became
effective April 1, 2019. The NCG01 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 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/NCG01 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

CERTIFICATE OF PLAN APPROVAL
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The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environmental Quality in
accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North
Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted
at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by North Carolina Administrative Code, Title 15A,
Chapter 4B.0127 (b).
Biscuitville - Southport
5059 Southport Supply Rd SE Southport, NC 28461
5/31/2024 BRUNS-2024-0173
Date of Plan Approval DE CO Project Identifier
Certificate of Coverage Number:

FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act, including any
activity under a common plan of development of this size as covered by the NCGO1 permit, before this form
and an acceptable erosion and sedimentation control plan have been completed and approved by the Land
Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate
Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone
number is unavailable, place N/A in the blank.)
Part A.
1. Project Name: Biscuitville-Southport
*If this project involves American Rescue Plan Act(ARPA)funds, list the Project Name below under which
you applied for funding through the Division of Water Infrastructure (DWI).
Is Project ARPA Funded ARPA Project Name ARPA Project#
No
2. Location of land-disturbing activity: County: Brunswick City or Township: Southport
Highway/Street: 5059 Southport Supply Rd SE Latitude: 33.951570 Longitude: -
78.047310
3. Approximate date land-disturbing activity will commence: 9/26/2024
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Commercial
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 1.02
6. The application fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling
amount (Example: 8.10-acre application fee is $900).
7. Has an erosion and sediment control plan been filed? No
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name: Harrell Queen E-mail Address: [e-mail]
Phone: [phone] Mobile: [phone]
9. Landowner(s)of Record:
Landowner(s) of Record
Name Email Business Phone Mobile Phone
BV 232, LLC [e-mail] 336-553-3700
Physical Address Mailing Address
Street 1 City State Zip _ Street 1 City State Zip
1414 Yanceyville Greensboro NC 27405 1414 Yanceyville Greensboro NC 27405
Street Street

Part B.
1. Company(ies) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all
responsible parties on accompanied page.)If the company is a sole proprietorship or if the landowner(s)is an individual(s), the
name(s) of the owner(s)may be listed as the financially responsible party(ies).
Primary Financially Responsible Party
Company Name Email Business Phone Mobile Phone
BV 232, LLC [e-mail] 336-553-3700
Physical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
1414 Greensboro NC 27405 1414 Yanceyville Greensboro NC 27405
Yanceyville Street
Street
Additional Financially Responsible Parties
Company Name Email Business Phone Mobile Phone
BV 232, LLC [e-mail] 336-553-3700
Physical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
1414 Greensboro NC 27405 1414 Yanceyville Greensboro NC 27405
Yanceyville Street
Street
Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the
landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control
plan and to conduct the anticipated land disturbing activity.
2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State
business registry, give name and street address of the Registered Agent:
Registered Agent Information
Name Email Business Phone Mobile Phone
Maurice N. Jennings Jr. [e-mail] 336-553-3700
Physical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
1414 Greensboro NC 27405 1414 Greensboro NC 27405
Yanceyville Yanceyville
Street Street
(b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the
designated North Carolina agent who is registered on the NC Secretary of State business registry:
North Carolina Agent Information
Name Email Business Phone Mobile Phone
Physical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
Engineering/Consulting Firm Information
Name Email Business Phone Mobile Phone
Physical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip

Additional Details
1. Stream Classification: SW: Swamp Waters; SC: Aquatic Life, Secondary Contact Recreation, Tidal Salt
Water
2. Was Express Review Requested: Yes
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s)
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Party). I agree to provide
corrected information should there be any change in the information provided herein.