HomeMy WebLinkAboutNCC241238_ESC Approval Submitted_20240424 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
04-10-2024
LETTER OF APPROVAL
Legacy Properties of Wilmington, LLC
200 Krystal Pond Drive
Wilmington, NC 28411
RE: Project Name: Legacy Properties of Wilmington Hwy 17 Project
Acres Approved:2.35
Application ID: PA-002476
Permit Number: PENDE-2024-0110
Address:375 feet north of the intersection US Hwy 17 and Whitebridge Road on the north side of the road.
City: Hampstead
County: Pender
River Basin:White Oak
Stream Classification:SA: Market Shellfishing,Tidal Salt Water
Plan Type: New Plan
Dear Legacy Properties of Wilmington, 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
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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,
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Mike Cook
Assistant Regional Engineer
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: (910) 796-7315
Email: mike.cook@deq.nc.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
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Approval Letter and Conditions
Project Name: Legacy Properties of Wilmington Hwy 17 Project
Project ID: PENDE-2024-0110
County: Pender
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
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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 2.35 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
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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 Permit (NCG010000), the
financially responsible party shall comply with the NCG01 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 I Division of Energy,Mineral and Land Resources
J Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington NC,28405
910-796-7215
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.
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