NCC242470_ESC Approval Submitted_20240820

Thanks,
Jonathan McDaniel PE, Vice President
1069A Cedar Point Blvd
Cedar Point NC, 28584
252-393-6101
TIDEWATER
ASSOCIATES, INC.
Forwarded Message
Subject:NC DEMLR- FROF Application Approval CRM:0102187
Date:Thu, 8 Aug 2024 19:36:43 +0000
From:Cook, Mike B<[e-mail]>
To:Can't Be Did, LLC <[e-mail]>
CC:Jonathan L McDaniel<[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
08-08-2024
LETTER OF APPROVAL
Can't Be Did, LLC
342 Stewart Point Road
Hubert, NC 28539
RE: Project Name:Sanders Phase 1A
Acres Approved: 31.80
Application ID: PA-005794
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Permit Number: ONSLO-2025-0148
Address: ENVIRONMENTAL INTEREST PHYSICAL LINE 1
City: ENVIRONMENTAL INTEREST PHYSICAL CITY
County:Onslow
River Basin:White Oak
Stream Classification: HQW: High Quality Waters
Plan Type: New Plan
Dear Can't Be Did, 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 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.
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
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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 Letter and Conditions
Project Name: Sanders Phase 1A
Project ID: ONSLO-2025-0148
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 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
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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
31.80 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 entrance will be
considered a violation of this approval. Routine maintenance of the entrances is critical (113A-
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54.1(b)).
11. As a condition of the NPDES General Stormwater Permit (NCGO1OOOO), 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 (NCGO1OOOO), 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.O101 through 15A NCAC O4E.O5O4
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 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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