NCC223274_ESC Approval Submitted_20220921

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March 10, 2022
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Clayton Properties Group, Inc.
ATTN: Scott Bowser
PO Box 4098
Maryville, TN 37802
RE: Project Name: Maco Road Subdivision
Acres Approved: 84
Project ID: BRLTNS-2022-082
County: Brunswick
City: Leland
Address: 1800 Wilbur McKeithan Way
River Basin: Cape Fear
Steam Classification: Other
Submitted By: Jason R. Carmine, PE, CLD Engineering, PLLC
Date Received by LQS: February 15, 2022 and March 9, 2022
Plan Type: Residential
Dear Mr. Bowser:
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 (eNOI) form requesting a Certificate of Coverage (COC) under the NCGO10000
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 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/NCGO1. Please direct questions about
the eNOI form to the Stormwater Prog ram 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.
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Letter of Approval with Modifications and Performance Reservations
Clayton Properties Group, Inc.
March 10, 2022
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: Jason R. Carmine, PE, CLD Engineering, PLLC
PO Box 1172, Wilmington, NC 28402
Wilmington Regional Office file

Letter of Approval with Modifications and Performance Reservations
Clayton Properties Group, Inc.
March 10, 2022
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Maco Road Subdivision
Project ID: BRUNS-2022-082
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 ISA 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. I (b)).

Letter of Approval with Modifications and Performance Reservations
Clayton Properties Group, Inc.
March 10, 2022
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 84 acres.
Exceeding that acreage will be a violation of this permit and would require a revised plan and additional
application fee. Land disturbance should be conducted in a manner to minimize land exposure,
preferably limited exposure to approximately 20 acres at a time. 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. 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.I(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 (NCGO 10000), 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.
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-54.1(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.4101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities

Fact Sheet on the New NCG01 Permit ®E
April 2019 N.0-011
The NC Construction General Permit (also known as "NCG01") was renewed on April 1, 2019. The updated permit
does not significantly change the measures that are required to be implemented on construction sites. However,
there are some organizational and technical updates to the permit as described below. Most notably, there is a new
process in which construction sites will obtain official coverage under an NCG01 permit through an electronic
process. DEMLR worked with a broad team of stakeholders to make all of these updates. If you have questions.,
contact Annette Lucas at [e-mail] or [phone].
Organizational Updates
The new permit:
• Repeats state requirements for E&SC
Plans and organizes them with federal
construction activity requirements;
• Is clearly organized by topic; and
• Has less text and more tables.
Technical Updates
The new permit:
• Requires that the E&SC Plan meet
SWPPP requirements (p. 2);
• Provides a list of items that must be
included in the SWPPP, such as the
construction sequence, plans,
calculations, etc. (p. 2-4);'
• Has updated language on bypasses and
upsets that is tailored to construction
activities (p. 10);
• Puts all timeframes for inspections,
record -keeping and reporting in
"calendar days" for clarity and
consistency (p. 11-14);2
• Changes the inspection frequency
(during business hours) to at least
once per 7 calendar days and after
every storm > 1.0 inch (previously 0.5
inch);' and
• Excludes weekends, state and federal
holidays from normal business hours
unless construction activities take
place (p. 23).
This list is based on website guidance
by the DEMLR Sediment Program.
The number of calendar days was
selected to be as equivalent as
possible with the previous permit.
The intent is to provide predictability
to the inspection schedule.
Acronyms to Know
COC: Certificate of Coverage, proof of coverage under an NCG01 permit
DEMLR: NC Division of Energy, Mineral, and Land Resources
E&SC: Erosion & Sedimentation Control
e-NOI: Notice of Intent, application form for the NCG01 permit
e-NOT: Notice of Termination, form for closing out the NCG01 permit
SWPPP: Stormwater Pollution Prevention Plan, required by the NCG01
The NCG01 Process
The new NCG01 applies to permits approved on or after April 1, 2019.
Permittees will no longer receive a copy of the NCG01 permit in the mail
with their E&SC Plan approvals and be considered as covered under the
permit. Federal rules require that DEMLR receive an NOI on each
construction project and issue each construction project its own COC.
Under the new NCG01 process, construction sites will continue to
receive approval for E&SC Plans from either DEMLR or the delegated
local E&SC program just like before. After receiving E&SC Plan approval,
permittees will officially obtain coverage under the NCG01 by
completing an a-NOI (available at dea.nc.gov/NCG01). The e-NOI will
only take about 20 minutes to fill out and submit on-line.
Initially, there will be no charge associated with applying for an NCG01
permit but on or around June 1, 2019, DEMLR will begin charging a $100
annual general permit fee as required per §143-215.3D.
DEMLR is working on creating a single application form that will allow an
applicant to simultaneously apply for an E&SC permit and an NCG01
COC. That effort is part of a larger Permit Transformation project at
�:�

Q&A About the New NCGO1 Permit
Why do construction sites have to do this extra application step?
DEMLR is required by the EPA to issue a specific COC to every construction
site that disturbs one acre or more. DEMLR is working to create a form
that combines the E&SC plan approval and a-NOI processes, but that will
take more time. For now, DEMLR has created an efficient a-NOI process.
If an E&SC Plan is approved before April 1, which permit applies?
Projects with already approved E&SC Plans will automatically follow the
new NCG01 permit, but will not need to fill out an a-NOI or pay an annual
permit fee. However, the permittees should print the new permit and the
two standard detail sheets and have them on site.
Will DEMLR offer tools to help permittees comply with the new NCG01?
Yes, DEMLR will provide two sample plan sheets at deq.nc.gov/NCG01 that
can be placed into the E&SC plan set. The first covers the site stabilization
and materials handling portions of the permit. The second sheet covers
the inspection, record -keeping and reporting portions of the permit.
How will the new a-NOI submittal and COC process work?
Permittees will apply for E&SC Plan approvals from DEMLR or the local
E&SC program like before. The E&SC approval letter will instruct the
permittee to visit de4.nc.gov/NCG01 to submit an a-NOI form to DEMLR.
The permittee may begin the construction activity after receipt of the COC
(within three days*). The permittee must print and retain a copy of the
permit and the COC on site. Initially, the COC will be issued for free but on
or around June 1, 2019, a $100 annual general permit fee will.be charged.
Who is allowed to submit an a-NOI form?
Submittal must be by a responsible corporate officer that owns or
operates the activity, such as a president, secretary, treasurer, or vice
president or a manager that is authorized in accordance with IV.B.6 of the
NCG01 permit. Additional signatory options are set forth in IV.13.6 of the
permit. It is possible for consultant to prepare the a-NOI, save it as a draft,
and email it to the responsible entity for signature & submittal.
What happens to the COC when the construction activity is complete?
When a project is complete, the permittees will contact DEMLR or the local
delegated program to close out the E&SC Plan. After DEMLR or the local
E&S.0 program inform the permittee of the project close out via inspection
report, the permittee will visit deg.nc.gov/NCGO1 to submit an a -NOT.
Will there be a grace period for adherence to the new process?
DEMLR does not have the authority to grant a grace period from a
federally mandated permit. Permittees will be informed of the new
process via web site, E&SC Plan approval letters and list servs. If a
construction activity disturbs one acre or more (or is part of common plan
of development that disturbs one acre or more) fails to submit an a-NOI
after approval of its E&SC Plan, this is a violation of federal permitting
requirements and the permittee could be subject to a penalty assessment.
How does the new NCG01 affect the
delegated local E&SC Programs?
Local programs will continue to review
and approve E&SC plans. However,
they will no longer send copies of the
NCG01 with E&SC Plan approvals.
DEMLR will provide sample language to
use in local E&SC Plan approvals to
advise permittees that they must
submit an a-NOI to DEMLR.
Local programs are not required to
check if permittees have submitted e-
NOls to DEMLR. However, if they wish
to do this voluntarily, there will be a
tool available on DEMLR's web site for
them to view a list of construction
projects that have submitted a-NOls.
When local programs close out an E&SC
Plan, the close-out letter will advise
permittees that they must submit an e-
NOT. DEMLR will provide sample
language.
Local programs may approve E&SC
plans that meet state sediment laws
and rules even if those plans are not
compliant with all of the NCG01
requirements. However, their
permittees will be required to add two
plan sheets (which will be provided by
DEMLR) to their E&SC Plans to ensure
that they fully comply with the ground
stabilization,, materials handling, and
inspection, record -keeping and
reporting portion of the NCG01 permit.
* Or 24 business hours for a project
approved under the DEMLR Express
review program.