NCC200155_ESC Approval Submitted_20200227

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 17, 2019
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Forestar (USA) Real Estate Group, Inc.
ATTN: Mallie Colavita, Vice Presidnet
8001 Arrowridge Blvd.
Charlotte, NC 28273
RE: Project Name: Seabrooke Phase 3B and Phase 3A Lots 1-49
Acres Approved: 34.2
Project ID: BRUNS-2020-037
County: Brunswick
City: Leland
Address: Buckeye Road NE
River Basin: Cape Fear
Stream Classification: Other
Submitted By: Jay Carmine, PE, Coastal Land Design, PLLC
Date Received by LQS: November 19, 2019 and December 12, 2019
Plan Type: Residential
Dear Mr. Colavita:
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
413.0129. 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 (NOI) form requesting a Certificate of Coverage (COC) under the NCG010000
Construction Stormwater General Permit. This form MUST be submitted and COC issued prior to the
commencement of any land disturbing activity on the above -named project. The NOI form may be
accessed at deq.nc.gov/NCGO1. Please direct questions about the NOI form to Annette Lucas at
Annette.lucasgncdenr.gov or Paul Clark at Paul.clarkgncdenr.gov. 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 NCGO1 permit. However, a $100 fee will soon be charged
annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh.
D EQ
�� North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
,J Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH GAROONA i
910.796.7215

Letter of Approval with Modifications and Performance Reservatios
Forestar (USA) Real Estate Group, Inc.
December 17, 2019
Page 2 of 4
Title 15A NCAC 413.0118(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 deviation.
2. The NCGO1 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,
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications and Performance Reservations
NPDES NCGO1 Fact Sheet
cc: Jay Carmine, PE, Coastal Land Design, PLLC
PO Box 1172, Wilmington, NC 28402
Wilmington Regional Office file

Letter of Approval with Modifications and Performance Reservatios
Forestar (USA) Real Estate Group, Inc.
December 17, 2019
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Seabrooke Phase 3B and Phase 3A Lots 1-49
Project ID: BRUNS-2020-037
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).
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.
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
Forestar (USA) Real Estate Group, Inc.
December 17, 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 34.2 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 I I3A-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. 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 (NCGO10000). 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.I(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/NCGO1 website.
12. As a condition of the NPDES General Stormwater Permit (NCGO10000), 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/NCGO1 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. I (e).
14. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed
area and time of exposure should be limited. We recommend this project be phased so that uncovered area
is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute 113A-57(5),
the land -disturbing activity shall be conducted in accordance with the approved erosion and sedimentation
control plan.
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