HomeMy WebLinkAboutNCC233655_MODIFICATION Supporting Doc (ADDL LOTS)_20241018 ROY COOPER. a
Govex
MARY PENNY KELLEY
Sammy
MICHAEL ABRACZINSKAS NORTHCAROUNA
Director £1lrlronment+gl:Qualfty
October 4, 2024
LETTER OF APPROVAL
NVR,Inc.
ATTN: -Colin T. Wilson, Division Manager, VP
1105 Military Cutoff Road, Suite 201
Wilmington,NC 28405.
RE: Project Name: Middle Creek Village NVR Lots 1 - 10, 1A-16B, 17A&B,30A-33D,34A-D,
47-95
Project ID: BRUNS-2023-119
County: Brunswick
City: Bolivia
Address: Olde Ocean Hwy
Acres Approved: 10.971+7.48=18.451
River Basin: Lumber
Stream Classification: Other
Submitted By: Jamie Guerrero,Morris&Ritchie Associates of NC,PC
Date Receive by LQS: February 9,2024(Revised)
Plan Type: Residential
Dear Mr. Wilson:
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$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/NCGOI. Please direct questions about
the eNOI form to the Storm water 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.
North Carolina Department of Environmental Quality I Division orAirality
i, V^" Quality
WIi9mington Regional Office 1127 Carnal Drive Extension I Wilmington,North Carolina 28405
ro,el Eerctmrm Ad,., 910.796.7215T 1910.350.2004 F
Letter of Approval
NVR, Inc.
October 4, 2024
Page 2 of 4
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 NCGO I 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
insure compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance-oriented, requiring protection
of existing natural resources and adjoining properties. If, following the commencement of this project, it
is determined that 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, which you provided. This permit allows for a land-disturbance, as called for on the
application plan, not to exceed the approved acres. Exceeding the acreage will be a violation of this
permit and would require a revised plan and additional application fee. 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
Land Quality Section
Enclosures: Modifications Required for Approval
CC: Jamie Guerrero, Morris & Ritchie Associates of NC, PC
Letter of Approval
NVR, Inc.
October 4,2024
Page 3 of 4
Approval Letter and Conditions
Project Name: Middle Creek Village NVR Lots 1 - 10, 1A-16B, 17A&B,30A-33D,34A-D,
47-95
Project ID: BRUNS-2023-119
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 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.
Letter of Approval
NVR, Inc.
October 4,2024
Page 4 of 4
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
10.971+7.48=18.451 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 (l 13A-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 NCGO1 Ground Stabilization And Materials Handling standard
detail can be printed from the deq.nc.gov/NCGO 1 website.
11. As a condition of the NPDES General Stormwater Permit(NCGO 10000), the financially responsible
party shall comply with the NCGO1 Self-Inspection, Recordkeeping and Reporting requirements that
became effective April 1,2019. The NCGO1 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. I 13A-54.1 through G.S. 113A-57
Sections I5A NCAC 04A.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities