NCC232971_ESC Approval Submitted_20231004

ROY COOPER
Governor
ELIZABETH S.BISER
Secretary
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
September 22,2023
LETTER OF APPROVAL
i
Pea Landing,LLC d/b/a Pea Landing Group,LLC
ATTN: - Chip Abernethy,Member
10554 Ocean Highway
Pawleys Island, SC 29585
RE: Project Name: Pea Landing Tract
Project ID: BRUNS-2024-017
County: Brunswick
City: Ash
Address: SR 1304 (Pea Landing Rd)
Acres Approved: 30.0
River Basin: Lumber
Stream Classification: Other
Submitted By: J. Phillip Norris,Norris&Tunstall Consulting Engineers,P.C.
Date Receive by LQS: September 1,2023
Plan Type: Residential
Dear Mr.Abernethy:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter
of Approval with Modifications and Perfoiuiance 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 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 FRF from 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/NCGOI. Please direct questions about the eNOI changes to the
Stormwater Program Staff in the Raleigh central office. If the owner/operator of the project changes in
the future,the new responsible party MUST obtain a new C.00.
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 NCG01 peiinit and the COC, once it is received.
3. Records of inspections made during the previous 12 months.
ah A North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
. 411W,' Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORM CAROLINA.,,•,.
oapnm.aarmmo iaIR,mnH 410.796.72l5

Letter of Approval
Pea Landing,LLC d/b/a Pea Landing Group, LLC
September 22,2023
Page 2 of 4
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'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 tfie 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,
i et,
Mike Cook
Assistant Regional Engineer
Land Quality Section
Enclosures: Modifications Required for Approval
NPDES NCGO1 Fact Sheet
cc: J. Phillip Norris,Norris& Tunstall Consulting Engineers, P.C.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office l 127 Cardinal Drive Extension I Wilmington.North Carolina 28405
AROI..INA .�
t of ErnrNramrrewtwl Quality; 910 796 7215

Letter of Approval
Pea Landing,LLC d/b/a Pea Landing Group,LLC
September 22,2023
Page 3 of 4
Approval Letter and Conditions
Project Name: Pea Landing Tract
Project ID: BRUNS-2024-017
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 113A52(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 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)).
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.
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
ARCM INA �m of Eas4monrental Quality. 910.796.7215

Letter of Approval
Pea Landing,LLC d/b/a Pea Landing Group,LLC
September 22,2023
Page 4 of 4
7. This permit allows for a land disturbance, as called for on the application plan, not to 30.0 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. Exceeding that acreagewill 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-541(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-54.1(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-54.1(b)).
11. As a condition of the NPDES General Stormwater Permit(NCG010000), 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/NCGO1 website.
12. As a condition of the NPDES General Stormwater Petutit(NCG010000), 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.0101 through 15A NCAC 04E.0504
General Permit NCG 010000 NPDES for Construction Activities
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
2a iaa O'NA nmelrta!Quality''. 910.796.7215