NCC241413_ESC Approval Submitted_20240522

NC DEMLR-FROF Application Approval CRM:0126084 mailbox:///C:/Users/Engineer%20Upstairs/AppData/Roaming/T...
Subject: NC DEMLR - FROF Application Approval CRM:0126084
From: SVC_DoNotReply-DEQPermits <[e-mail]>
Date: 4/25/2024, 8:25 AM
To: "Anthony W. Sydes" <[e-mail]>
CC: Anthony Moctezuma <[e-mail]>
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
04-24-2024
LETTER OF APPROVAL
Anthony
W. Sydes
PO
Box 7122
Jacksonville
, North
Carolina 28541
RE: Project Name: Stateside 6 - Clearing Plan
Acres Approved: 328.5
Application ID: PA-004198
Permit Number:ONSLO-2024-0131
Address: Stateside Blvd.
City: Richlands
County: Onslow
River Basin:White Oak
Stream Classification: C:Aquatic Life, Secondary Contact Recreation, Fresh water; NSW: Nutrient Sensitive Waters
Plan Type: Residential
Dear Mr. Sydes,
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
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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 eNOl 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 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,
Rhonda Hall
Rhonda Hall
Assistant Regional Engineer
Land Quality Section
Attachments: Letter of Approval
Approval Comments and Conditions
Certificate of Plan Approval
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APPROVAL COMMENTS AND CONDITIONS
Project Name: Stateside 6 - Clearing Plan
Project ID: ONSLO-2024-0131
Application ID: PA-004198
County: Onslow
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
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(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 328.5
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.This phase of the project is approved for clearing and grading only in preparation of future
development on the site. Any addition in impervious surface, over that already noted on the
approved plan,would require a revised plan to verify the appropriateness of the erosion control
measures and stormwater retention measures (NCGS 113A-54.1(b)).
9. 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).
10. 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)).
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11. 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)).
12. As a condition of the NPDES General Stormwater Permit (NCG010000), the financially responsible
party shall comply with the NCG01 Ground Stabilization And Materials Handling requirements that
became effective April 1, 2019. The NCG01 Ground Stabilization And Materials Handling standard detail
can be printed from the deq.nc.gov/NCG01 website.
13. 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 NCG01 Self-Inspection, Recordkeeping and Reporting standard detail
can be printed from the deq.nc.gov/NCG01 website.
14. 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).
15. In order to comply with the basic control objectives of the SPCA (15A NCAC 04B .0106), both exposed
area and time of exposure should be limited. We recommend this project be phased so that uncovered
area is limited to a maximum of 20 acres at any given time. As per North Carolina General Statute
113A-57(5), the land-disturbing activity shall be conducted in accordance with the approved erosion and
sedimentation control plan.
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
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North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resourc
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.
—Attachments:
Application Report - Wednesday, April 24, 2024 951 AM.pdf 93.3 KB
ONSLO-2024-0131 Letter of Approval 4-24-2024.pdf 384 KB
ONSLO-2024-0131 Certificate of Approval 4-24-2024.pdf 97.3 KB
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