HomeMy WebLinkAboutNCC240034_ESC Approval Submitted_20240119 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
J&S Development, LLC
8620 River Road
Wilmington, North Carolina 28412
RE: Project Name: Danford Road Residential Project
Acres Approved: 62.29
Application ID: PA-001099
Permit Number: BRUNS-2024-0105
Address: Danford Road SE
City: Bolivia
County: Brunswick
River Basin: Lumber
Stream Classification: C:Aquatic Life,Secondary Contact Recreation, Fresh water;SW:Swamp Waters
Plan Type: New Plan
Dear J&S Development, LLC,
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 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.
Title 15A NCAC 4B .0118(a) and the NCG01 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 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,
-711142,
Mike Cook
Assistant Regional Engineer
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: (910) 796-7315
Wilmington, NC 28405
Email: mike.cook@deq.nc.gov
127 Cardinal Drive Extension
Approval Letter and Conditions
Project Name: Danford Road Residential Project
Project ID: BRUNS-2024-0105
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 fmal 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.
7. This permit allows for a land disturbance, as called for on the application plan, not to exceed
62.29 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)).
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
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
North Carolina Department of Environmental Quality I Division of Energy, Mineral and
Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Ext. I Wilmington NC,28405
910-796-7215