NCC223833_ESC Approval Submitted_20221116

ROY COOPER (� 34�
Governor Y z
ELIZABETH S. BISER` r
Secretary
BMN WRENN NORTH CAROLINA
Director •Envzi-onmental,QuaUty
September 16, 2022
LETTER OF APPROVAL
D.R. Horton, Inc.
ATTN: Ian Flannery
131 Racine Drive
Suite 201
Wilmington, NC 28403
RE: Project Name: Arboretum at Brunswick Forrest
Acres Approved: 41.0
Project ID: BRUNS-2023-014
City: Leland
County: Brunswick
Address: Kay Todd Road
River Basin: Cape Fear
Stream Classification: Other
Submitted By: John H Richards, Thomas & Hutton Engineering Co
Date Receive by LQS: August 22, 2022
Plan Type: Residential
Dear Mr. Flannery:
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 if required. 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 NCGO10000 Construction General
Permit. After the formis reviewed and found to be complete, you will receive a linkwith payment instructions
for the $100 annual permit fee. After the fee is processed, you will receive the COC via email. As the Financially
.Y Shown on the FRF fioni submitted fbi this project you WST obtain die COe prior to
commencement of any land disturbing activity. The eNOI form may be accessed at; deq.nc.govfNCGOI. Please
direct questions about the eNOI 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:
I. The approved E&SC plan as well as any approved deviation.
2. The NCGO 1 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 ensure
compliance with the approved plan.
North Carolina Department of Environmental Quality I Divisionof Energy„ Mineraland Land Resources
EQ_ I Wilmington RegionaWffice 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
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Letter of Approval
D.R. Horton, Inc.
September 16, 2022
Page 2 of 4
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,
&14�
Mike Cook
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications Required for Approval
NPDES NCGOI Fact Sheet
cc: John H Richards, Thomas & Hutton Engineering Co
North Carolina Department of Environmental, Quality I Division of Energy, Mineral and Land Resources
Wilmington Reglonal ofi'tce I l27 Cardinal Drive Extension I Wilmington, North Carolina 1,9405
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Letter of Approval
D.R. Horton, Inc.
September 16, 2022
Page 3of 4
Approval Letter and Conditions
ProjectName: Arboretum at Brunswick; Forrest
Project ID: BRUNS-2023-014
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 stone
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 NCAG
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 I13A52(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 highlands
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 DDWR, the Corps, or the EPA,. it is the responsibility,
of the developer to inform the Land Quality Section regional office so that anadequate 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 1 13A-54. I (b)).
North Carolina Departmentof Environmental Quality;:] Division of Energy, Mineral and LandResources-
►"� Wilmington Regional Office 1 127 'Cardinal Drive Extension Wi{cn{ngton North Carolina 28405
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Letter of Approval
D.R. Horton, Inc.
September 16, 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 41.0
acres. Exceeding that acreage will be a violation of this permitandwould 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 113A-54.1(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 (NCG010000). 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 (1 13A-54. I (b)).
11. As a condition of the NPDES General Stormwater Permit (NCGO10000), the financially responsible party shall
comply with the NCGO1 GroundStabilization 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 NCGOI 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).
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
-----Q i:�� North Carona Reparinient of Eau"ronmental Quality 1. Division of. Energy; Mineral and LandResources
lip)
rl Jrn1ngton Regional Office 1 427 Cardinal Drive`Extension I Wilmington, North Carolina 28405
�r flmiaea�r 910.796.7215

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