NCC242858_ESC Approval Submitted_20240917

NC DEMLR - FROF Application Approval CRM:0102197
Cook, Mike B <[e-mail]>
Wed 8/14/2024 3:18 PM
To:Mark MacFarland <[e-mail]>
Cc:Joseph K Bland <[e-mail]>
tJJ 2 attachments (304 KB)
Application Report-Wednesday,August 14, 2024 311 PM.pdf;Certificate 20240814.pdf;
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QUAM VICO
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
08-14-2024
LETTER OF APPROVAL
Toll Southeast LP Company, Inc.
1140 Virginia Drive
Fort Washington, Pennsylvania 19034
RE: Project Name: Ocean Isle Palms - Lot Infil
Acres Approved: 11.36
Application ID: PA-006156
Permit Number: BRUNS-2025-0197
Address: ENVIRONMENTAL INTEREST PHYSICAL LINE 1
City: ENVIRONMENTAL INTEREST PHYSICAL CITY
County: Brunswick
River Basin: Lumber
Stream Classification: C: Aquatic Life, Secondary Contact Recreation, Fresh water; SW: Swamp Waters
Plan Type: New Plan
Dear Toll Southeast LP Company, 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 eNOl 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,
Mike Cook
Assistant Regional Engineer
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: [phone]
Email: mike.cookgdeq.nc.gov
127 Cardinal Drive Extension
Wilmington, NC 28405

Approval Letter and Conditions
Project Name: Ocean Isle Palms - Lot Infil
Project ID: BRUNS-2025-0197
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, 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 11.36
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. 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 (NCG010000), the financially responsible
party shall comply with the NCGO1 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.
11. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible
party shall comply with the NCGO1 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.
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 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
DE Land Resources
Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington NC, 28405
910-796-7215

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