NCC233439_ESC Approval Submitted_20231117

Hussey, Ida
From: Brian Fair <[e-mail]>
Sent: Thursday, November 16, 2023 10:26 AM
To: Hussey, Ida;Warren, Walter
Subject: Fwd: NC DEMLR - FROF Application Approval CRM:0102013
Attachments: image.png; Osprey Isle Phase 2 & 3 Certificate.pdf
This looks like approval for the erosion control?Can we clear a spot to stockpile?
Brian Fair
Director of Land Development
Lennar, Coastal Carolina
1359 21st.Ave. North,suite 105
Myrtle Beach,SC. 29577
C-843-901-8360
Sent from my iPhone
Begin forwarded message:
From:Scott Withington<[e-mail]>
Date: November 16, 2023 at 10:16:04 AM EST
To: Brian Fair<[e-mail]>
Subject: FW: NC DEMLR-FROF Application Approval CRM:0102013
From: SVC_DoNotReply-DEQPermits<[e-mail]>
Sent:Wednesday, November 15, 2023 3:18 PM
To: Scott Withington <[e-mail]>
Subject: NC DEMLR- FROF Application Approval CRM:0102013
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North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
Roy Cooper
Governor
Elizabeth S. Biser
Secretary
William Vinson Jr. (Acting)
Director
11-15-2023
LETTER OF APPROVAL
Lennar Carolinas
1505 King St Ext.
Charleston, South Carolina 29405
RE: Project Name:Osprey Isle Phase 2 and 3
Acres Approved:42.2
Application ID: PA-001119
Permit Number: BRUNS-2024-0106
Address: US Highway 17 (Ocean Highway West)
City:Ocean Isle Beach
County: Brunswick
River Basin: Lumber
Stream Classification:SW:Swamp Waters; HQW: High Quality Waters;CA: Critical Area
Plan Type: New Plan
Dear Lennar Carolinas,
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be
acceptable and hereby issue this Letter of Approval. The Certificate of Approval must be posted at the job
site. 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.
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 Stormwater General Permit. After the form is reviewed and found to be complete,you will
receive a link with payment instructions for the $120 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/NCG01. Please direct questions about the eNOl 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.
2

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 ensure
compliance with the approved plan.
North Carolina's Sedimentation Pollution Control Act is performance-oriented, requiring protection of
existing natural resources and adjoining properties. If, following the commencement of this project, 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 insure 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/Ownership Form, which you provided. 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,
Mike Cook
Assistant Regional Engineer
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: [phone]
Email: [e-mail]
127 Cardinal Drive Extension
Wilmington, NC 28405
Approval Comments
Project Name: Osprey Isle, Phase 2 & 3
Project ID: BRUNS-2023-106
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.
3

1. 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).
1. 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)).
1. 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.
1. 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)).
1. 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.
4

1. This permit allows for a land disturbance,as called for on the application plan,not to exceed 42.20
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. 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)).
1. 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).
1. 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)).
1. 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)).
1. 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.
1. 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.
1. 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).
5

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
Division of Energy, Mineral & Land Resources
Land Quality Section
J� North Carolina Department of Environmental Quality l Division of Energy,Mineral ant
,.de-—--...-
Land Resources
Wilmington Regional Office l 127 Cardinal Drive Ext. l Wilmington NC,28405
` 9107967215
Department of Envroninulel dRt4
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.
6

CERTIFICATE OF PLAN APPROVAL
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The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environmental Quality in
accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North
Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted
at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by North Carolina Administrative Code, Title 15A,
Chapter 4B.0127 (b).
Osprey Isle Phase 2 and 3
US Hi2hwav 17 (Ocean Hiuhwav West)
Project Name and Location
November 15, 2023 -1AZOK;42 ---
Date of Plan Approval Assistant Regional Engineer
DEQ�
Certificate of Coverage Number