HomeMy WebLinkAboutNCC233253_ESC Approval Submitted_20231101 Letter of Approval
Avery Davis Investments, LLC
October 25,2023
Page 1 of 2
APPROVAL COMMENTS AND CONDITIONS
Project Name: Eastwood Residential Development
Application ID: PA-001095 Permit Number: DUPLI-2024-0100
County: Duplin
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
Avery Davis Investments, LLC
October 25,2023
Page 2 of 2
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 13.28
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. 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/NCG01 website.
12. As a condition of the NPDES General Stormwater Permit (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).
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