NCC223354_ESC Approval Submitted_20220926

ROY COOPER
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Governor
ELIZABETH S. BISER
Secretary
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BRIAN WRENN
NORTH CAROLINA
Director
Environmental Quality
September 13, 2022
LETTER OF APPROVAL WITH MODIFICATIONS
The Proximity New Bern, LLC
Attn: Mr. Calvin Wells, Jr., Managing Member
102 Autumn Hall bane, Suite 210
Wilmington, NC 28403
RE: Project Name: The Proximity New Bern
Project ID: Crave- 2023-003
County: Craven
City: New Bern
Address: US Hwy 17
River Basin: Neuse
Date Received by LQS: September 9, 2022
Submitted By: Benesch
Plan Type: New / Express
Dear Sir,
Acres Approved: 13.6
This office has reviewed the subject erosion and sedimentation control plan. We find the
plan to be acceptable with modifications and hereby issue this letter of Approval with
Modifications. The Modifications Required for Approval are listed on the attached page. 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 M129.
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
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.
Title 15A NCAC 4B .0118(a) and the NCGO1 permit require that the following
documentation be kept on file at the job site:
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
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Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
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252.946.6481

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 be advised that a rule to protect and maintain existing buffers along watercourses in
the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area
Protection and Maintenance Rule (15A NCAC 213.0233) applies to the 50-foot wide zone
directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds,
and estuaries) in the Neuse River Basin. For more information about this riparian area rule,
please contact the Division of Water Resources Wetland/401 Unit at 919-807-6300, or DWR
in our regional office at 252-946-6481.
Sincerely,
//, X, IF �,
Samir Dumpor, PE
Regional Engineer
Land Quality Section
cc w/o enc: Calvin Wells, Jr, The Proximity New Bern, LLC (email)
Morgan Woolner, PE, Benesch (email)
WaRO Division of Water Resources (email)

1. 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 (I5A NCAC 04B .0113).
2. The developer is responsible for obtaining 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.
3. Adequate and appropriate measures must be properly installed downstream, within the
limits of disturbance, of any land disturbing activity to prevent sediment from leaving the
limits of disturbance, entering existing drainage systems, impacting an on -site natural
watercourse or adjoining property. (NCGS I I3A-57)

PROJECT INFORMATION SHEET
APPROVAL DATE: September 13, 2022
RESPONSIBLE PARTY: The Proximitv New Bern, LLC
PROJECT NAME: The Proximity New Bern
COUNTY: Craven NO.: Crave-2023-003
OFF -SITE BORROW
AND/OR DISPOSAL SITE: NO.:
START-UP DATE:
CONTRACTOR:
ON -SITE CONTACT:
ON -SITE PHONE NO.:
OFFICE PHONE NO.:
COMPLETE & RETURN THIS FORM
PRIOR TO THE START OF CONSTRUCTION TO:
N.C.D.E.Q.
LAND QUALITY SECTION
ATTN: James Edwards
943 WASHINGTON SQUARE MALL
WASHINGTON, NORTH CAROLINA 27889
[e-mail]

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