HomeMy WebLinkAboutNCC223449_ESC Approval Submitted_20221005ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
NORTH CAROLINA
Environmental Quality
September 19, 2022
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Windsor Investments, LLC
ATTN: Sara Golser
PO BOX 2769
Wilmington, NC 28401
RE: Project Name: Summerhouse — Windsor Homes Lots
Acres Approved: 1.07333
Project ID: ONSLO-2022-048
County: Onslow
City: Holly Ridge
Address: Twining Rose Lane
River Basin: Cape Fear
Stream Classification: HQW
Submitted By: Sara Golser, Winsor Investments, LLC
Date Received by LQS: September 14, 2022 (Revised)
Plan Type: Residential
Dear Ms. Golser:
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. 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 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 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 eN01 form may be accessed at deq.nc.gov/NCG01. Please direct questions about
the cNOI 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.
North Carolina Department of Environmental Quality J Division of Energy, Mneral and Land Pesources
e��DKQ Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
a. 910.796,7215
Letter of Approval with Modifications and Performance Reservations
Windsor Investments, LLC
September 19, 2022
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Summerhouse — Windsor Homes Lots
Project ID: ONSLO-2022-048
County: Onslow
L This plan approval shall expire three (3) years following the date of approval, if no Iand-disturbing activity
has been undertaken, as is required by Title 15A NCAC 413 .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)).
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 113A-54.1(b)).
Fact Sheet on the New !•'1
Ap
Organizational Updates
The new permit:
• Repeats state requirements forE&SC
Plans and organizes them with federal
construction activity requirements;
• Is dearly organized by topic; and
• Has lesstext and more tables.
Technical Updates
The new permit:
• FL-q ui res t hat the E&SCRan meet
SNPPP requirements (p. 2);
• P-ovidesa list of itemsthat must be
induded in the 9AFW, such as the
construction sequence, plans,
calculations, etc. (p. 2-4);'
• Has updated language on bypasses and
upsetsthat istailored to construction
activities (p. 10);
• Hats 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
holidaysfrom normal businesshours
unless construction activities take
place (p. 23).
This list is based on website guidance
bytheDBVILRSad iment Program.
The number of calendar dayswas
selected to be as equivalent as
possible with the previous permit.
The intent is to provide predictability
to the inspection schedule.
Acronyms to Know
00Q (brtificate of Coverage, proof of coverage under an N0301 permit
DEPALR NCDivision of Energy, Mineral, and Land Fbsouroes
E&SC Erosion & Sedimentation Control
e-NCI: Notice of Intent, application form for the N0001 permit
e-NOT. Notice of Termination, form for closing out the N0001 permit
StNPPP: aormwater Pollution Prevention Plan, required by the N0301
The N0001 Process
The new NC GO1 applies to pennifsapproved on or after April 1, 2019
Parmittees wi I I no longer receive a copy of the N0301 permit in the mail
with their ERS✓Ran approvals and be considered as covered under the
permit. Federal rules require that DBVI LRreceive an NOI on each
construction project and issue each construction project its own 00C
Under the new N0GO1 process, construction sit eswiII continue to
receive approval for E&SCPlansfrom either DB ALRor the delegated
local I&9�;program just like before. After receiving E&S3Ran approval,
permitt eeswil I offid ally obtain coverage under the N0301 by
completing an e-NOI (available at deg.nagov1 N0001). The e-Na will
only take about 20 minutesto fill out and submit on-line.
Initially, there will be no charge associated with applying for an N0301
permit but on or around Jine 1, 2019, DBVILRwili begin charging a $100
annual general permit fee as required per §143-215.3D.
DWI-Risworking on creating a single application form that will allow an
applicant to simultaneously apply for an E&SCpermit and an N0301
CDC That effort is part of a larger Permit Transformation project at
DBVI LR