NCC243016_ESC Approval Submitted_20241001

From: Cook.Mike B
To: The Oaks at MID Creek FO,LLC
Cc: Philip Norris;Phil Norris
Subject: NC DEMLR-FROF Application Approval CRM:0102222
Date: Tuesday,September 17,2024 10:10:31 AM
Attachments: jmaae.pn4
Application Report-Saturday.September 14.2024 1014 AM.odf
certificate 20240914 pdf
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
09-14-2024
LETTER OF APPROVAL
The Oaks at Mill Creek FO,LLC
139E S.Boca Bay Lane
Surf City,NC 28445
RE: Project Name:The Oaks at Mill Creek
Acres Approved:19.64
Application ID:PA-006767
Permit Number:PENDE-2025-0132
Address:Mill Creek Road
City:Topsail
County:Pender
River Basin:White Oak
Stream Classification:HOW:High Quality Waters;SA:Market Shellfishing,Tidal Salt Water
Plan Type:New Plan
Dear The Oaks at Mill Creek FO,LLC,
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$120 annual permit fee. After the fee is processed,you will receive the COC
via email. As the Financially Responsible Party shown on the FRO form submitted for this project,you MUST obtain the COC prior to
commencement of any land disturbing activity. The eNOI form may be accessed at deq.nc gov/NCG01. Please direct questions about the eNOI
form to the$tormwater 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 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 deviati
2.The NCGO1 permit and the COC,once it is receiv
3.Records of inspections made during the previous 12 mont
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,
/7
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:The Oaks at Mill Creek
Project ID: PENDE-2025-0132
County: Pender
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 19.64 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
(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 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
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

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.