HomeMy WebLinkAboutNCC190219_ESC Approval Submitted_20190508Nvrt�l8030 C-a'�
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Interim Dlrecror
NORTH CAROLINA
Environmental Quality
April 10, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
AND PERFORMANCE RESERVATIONS
Turtle Island at Crow Creek, LLC
ATTN: Marc H. Hyman, Managing Partner
1868 Portage Lane
Ocean Isle Beach, NC 28469
RE. Project Name: Turtle Island Annex
Acres Approved: 3.64
Project ID: BRUNS-2019-071
County: Brunswick
City: Calabash
Address: Crow Creek Drive
River Basin: Lumber
Stream Classification: Other
Submitted By: J. Phillip Norris, PE, Norrris & Tunstall Consulting Engineers, P.C.
Date Received by LQS: March 19, 2019 and April 8, 2019
Plan Type: Residential
Dear Mr. Hyman:
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. This plan 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 413 .0129.
As of April 1, 2019, all new construction activities are required to complete and submit an
electronic Notice of Intent (NOI) form requesting a Certificate of Coverage (COC) under the
NCG010000 Construction Stormwater General Permit. This form MUST be submitted prior to
the commencement of any land disturbing activity on the above named project. The NOI form
maybe accessed at deq.nc4ov/NCG01. Please direct questions about the NOI form to Annette
Lucas at Annette.] ucasanedenngov or Paul Clark at Paul.clarkf2ricileringov. After you submit a
complete and correct NOI Form, a COC will be emailed to you within three business days.
Initially, DEMLR will not charge a fee for coverage under the NCGOI permit. However, on or
after June 1, 2019, a $100 fee will be charged annually. This fee is to be sent to the DEMLR
Stormwater Central Office staff in Raleigh.
Q �.yrNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
�/ Wilmington Regional Offlce 1127 Cardinal Drive Extension i Wilmington, North Carolina 28405
Norma G68QL NF.
DWM.M°'owly �� 910.796.7215
Letter of Approval with Modifications and Performance Reservatios
Turtle Island at Crow Creek, LLC
April 10, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Turtle Island Annex
Project ID: BRLNS-2019-071
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 04P .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(5)).
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.
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 with Modifications and Performance Reservatios
Turtle Island at Crow Creek, LLC
April 10, 2019
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 3.64 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. I (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 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 (NCGO10000), 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/NCG01 website.
12. 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 NCGO1 Self -Inspection, Recordkeeping and Reporting standard
detail can be printed from the deq.nc.govINCG01 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).