NCC232400_ESC Approval Submitted_20230908

ROY COOPER
Governor
EUZABETH S.RISER .,vo-
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
August 2, 2023
LETTER OF APPROVAL
Oak Harbor Residential, LLC
ATTN: Brian Midlik
629 Euclid Avenue Suite 1300
Cleveland, OH 44114-3003
RE: Project Name: Oak Harbor Village
Acres Approved: 20
Project ID: BRUNS-2024-008
County: Brunswick
City: Bolivia
Address: Sunset Harbor Road SE/Southport—Supply Road SE
River Basin: Lumber
Stream Classification: HQW
Submitted By: J. Phillip Norris,Norris & Tunstall Consulting Engineers, P.C.
Date Received by LQS: July 12, 2023 and July 19, 2023
Plan Type: Commercial
Dear Mr. Midlik:
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 eNOI form may be accessed at deq.nc.gov/NCGO I. 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.
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
910.796,7215

Letter of Approval
Oak Harbor Residential, LLC
August 2,2023
Page 2 of 5
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 peiuiit 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,
7'Vale
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Enclosures: Approval Comments and Conditions
NPDES NCGO1 Fact Sheet
cc: J. Phillip Norris,Norris & Tunstall Consulting Engineers, P.C.
1429 Ash-Little Rive Road, Ash,NC 28420
Wilmington Regional Office file

Letter of Approval
Oak Harbor Residential, LLC
August 2, 2023
Page 3 of 5
APPROVAL COMMENTS AND CONDITIONS
Project Name: Oak Harbor Village
Project ID: BRUNS-2024-008
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 113A-54.1(b)).

Letter of Approval
Oak Harbor Residential, LLC
August 2, 2023
Page 4 of 5
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 20.0 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 113A-54.1(b)).
8. Because of the proximity of High Quality Waters to this site,the open land disturbance at any given
time should not exceed 20 acres within the High Quality Water(HQW)Zone.
9. Because of the proximity of High Quality Waters to this site, the NPDES stabilization timeframe of
7 days must be complied with for areas within the High Quality Water(HQW) Zone.
10. 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).
11. 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-54.1(b)).
12. 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-54.1(b)).
13. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party
shall comply with the NCG01 Ground Stabilization And Materials Handling requirements that became
effective April 1, 2019. The NCG01 Ground Stabilization And Materials Handling standard detail can be
printed from the deq.nc.gov/NCG01 website.
14. As a condition of the NPDES General Stormwater Permit(NCG010000),the financially responsible party
shall comply with the NCG01 Self-Inspection, Recordkeeping and Reporting requirements that became
effective April 1,2019. The NCGO 1 Self-Inspection,Recordkeeping and Reporting standard detail can be
printed from the deq.nc.gov/NCG01 website.
15. 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).

Letter of Approval
Oak Harbor Residential, LLC
August 2, 2023
Page 5 of 5
16. 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.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities