HomeMy WebLinkAboutNCC232882_ESC Approval Submitted_20231116 r)
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Governor
ELIZABETH S.BISER •,,, :0,•
Secretary
DOUGLAS R.ANSEL NORTH CAROLINA
Interim Director Environmental Quality
July 6, 2023
LETTER OF APPROVAL
Duck Pond Ventures, LLC
ATTN: Dan Koeller
5430 Wade Park Blvd, Suite 400
Raleigh,NC 27607
RE: Project Name: Fairway Acres
Acres Approved: 17.68
Project ID: BRUNS-2023-082
County: Brunswick
City: Ocean Isle
Address: Beach Drive SW
River Basin: Lumber
Stream Classification: Other
Submitted By: John C. Wall, PE, Timmons Group, Inc.
Date Received by LQS: June 27, 2023 (Revised)
Plan Type: Residential
Dear Mr. Koeller:
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.sov/NCGO I. Please direct questions about
the eNOI form to the Storm water 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.
..D.� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington.North Carolina 28405
T IIMMUSI N 910.796.7215
Letter of Approval
Duck Pond Ventures, LLC
July 6,2023
Page 3 of 4
APPROVAL COMMENTS AND CONDITIONS
Project Name: Fairway Acres
Project ID: BRUNS-2023-082
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)).