NCC205707_MODIFICATION Supporting Documents_20210603

ROY COOPER
Governor
DIONNE DELLFGATTI
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
May 26, 2021
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Oak Island Property Holdings, LLC
ATTN: Ronald McNeill
2334 S 41s' Street
Wilmington, NC 28403
RE: Project Name: Oak Island Resort Marina
Acres Approved: 15
Project ID: BRUNS-2021-031
County: Brunswick
City: Oak Island
Address: Old Bridge Road
River Basin: Cape Fear
Stream Classification: HQW
Submitted By: J. Phillip Norris, PE, Norris & Tunstall Consulting Engineers, P.C.
Date Received by LQS: May 17, 2021 and May 25, 2021 (Revised)
Plan Type: Commercial
Dear Mr. McNeill:
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. I I3A-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 $100 annual permit fee. After the fee is received, you will receive
the COC via email. You MUST obtain the COC prior to commencement of any land disturbing activity.
The eNOI form may be accessed at deq.nc.gov/NCGO1. Please direct questions about the eNOI form to
Annette Lucas at Annette. lucas(2ncdenr.gov or Paul Clark at Paul. clark(2ncdenr.gov. If the
owner/operator of this project changes in the future, the new responsible party is required to apply for
his/her own COC.
D � North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH (`„gRpLihW
owwrm 1U10 W'­Wqu.i� 910.795.7215

Letter of Approval with Modifications and Performance Reservations
Oak Island Property Holdings, LLC
May 26, 2021
Page 2 of 4
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 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 Required for Approval
NPDES NCGO1 Fact Sheet
cc: J. Phillip Norris, PE, Norris & Tunstall Consulting Engineers, P.C.
1429 Ash -Little River Road, Ash, NC 28420
Wilmington Regional Office file
MODIFICATIONS AND PERFORMANCE RESERVATIONS

Letter of Approval with Modifications and Performance Reservations
Oak Island Property Holdings, LLC
May 26, 2021
Page 3 of 4
Project Name: Oak Island Resort Marina
Project ID: BRUNS-2021-031
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.
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 I I 3A-54. I (b)).

Letter of Approval with Modifications and Performance Reservations
Oak Island Property Holdings, LLC
May 26, 2021
Page 4 of 4
6. This permit allows for a land disturbance, as called for on the application plan, not to exceed 0.45 additional
acres, to total 15 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 I 3A-54. I (b)).
7. 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).
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)).
9. Asa 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/NCGOI website.
10. 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/NCGOI website.
11. 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

'Change l t r
C G r6, N;g@ V gc ps , i a�
Use this form when:
The person who is legally responsible for the permit has changed, but there is NO CHANGE in the project name
or ownership.
**If the project name has changed, or if the ownership of the project has changed, do NOT use this form.**
Instead, you must submit a new NCG01 electronic Notice of Intent (eNOI).
Directions:
Print this form, complete, scan and upload to the Construction Stormwater Permit MODIFICATION Form.
Then, mail the original form to the NC DEMLR Stormwater Program at:
Division of Energy, Mineral & Land Resources Stormwater Program
512 N. Salisbury Street, 61h Floor (Office 640K)
1612 Mail Service Center
Raleigh, NC 27699-1612
DO NOT MAIL THIS FORM UNTIL YOUR MODIFICATION HAS BEEN REVIEWED AND ACCEPTED AS COMPLETE.
THE FORM YOU MAID MUST BE COMPLETED WITH AN ORIGINAL. SIGNATURE (NOS` DIGITAL) [40 C R 122.22]
Certificate of Coverage (COC) Number:
Name of Project:
Responsible Organizational Entity:
PREVIOUS Legally Responsible Individual:
NEW Leeally Responsible Individual:
The following section is to be completed and signed by the NEW Legally Responsible Individual.
Per NC General Statute 143-215.68 (i), any person who knowingly makes any false statement, representation,
or certification in any application, record, report, plan, or other document filed or required to be maintained
under this Article or a rule implementing this Article ... shall be guilty of a Class 2 misdemeanor which may
include a fine not to exceed ten thousand dollars ($10,000).
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S" G r Legally Responsible Individual Change R 4r w
SHE FORM YOU MAIL MUST BE COMPLETED WITH AN ORIGINAL SIGNATURE ATURE (NOT DIGITAL) [40 CFR 122.22)
Under penalty of law, I certify that (check all boxes to indicate your agreement):
❑ 1 am the person responsible for the construction activities of this project, for satisfying the
requirements of this permit, and for any civil or criminal penalties incurred due to violations of this
permit.
El will abide by all conditions of the NC SCE : �� O < ;i ti is and the approved Erosion and
Sediment Control Plan.
❑ If the approved Erosion and Sediment Control Plan is not compliant with Part II (Stormwater Pollution
Prevention Plan) of the wC G i -0 , en Pernnit, I will nonetheless ensure that all conditions of
Part II of the permit are met on the project at all times.
❑ I understand that coverage under this permit will constitute the permit requirements for the
discharge(s) and is enforceable in the same manner as an individual permit.
❑ This form has been reviewed and is accurate and complete to the best of my knowledge.
/
*Signature: / `"` Date: 4/J
Print Name of Signed:
Title: t-➢
Mailing Address: `2.33 V
Street Address:
Email Address: z n e-;
Phone Number: V b-- 6/ 1 y
* IMPORTANT NOTE: This form must be signed by a responsible corporate officer that owns or operates the
construction activity, such as a president, secretary, treasurer, or vice president, or a manager that is
authorized in accordance with Part IV, Section 8, Item (6) of the NCG010000 permit.
For more information on signatory requirements, see Part IV, Section 8, Item (6) of the NCG010000 permit.
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