NCC242621_ESC Approval Submitted_20240828

Courtney Fry
From: Ron Cullipher
Sent: Tuesday, August 13, 2024 5:01 PM
To: '[e-mail]'; Phillip Lewis
Cc: Courtney Fry; Kyle Garner([e-mail])
Subject: FW: NC DEMLR - FROF Application Approval CRM:0102191
Attachments: Application Report - Tuesday, August 13, 2024 208 PM.pdf; Certificate 20240813.pdf
ALL, PLEASE SEE ATTACHED,
SAMMY PLEASE PRINT THE PLACARD AND POST ON SITE.
COURTNEY, PLEASE PLACE IN FILE AND PREPARE THE EN01 NOTICE SUBMITTAL FOR SAMMY AND PHIL.
KYLE, EROSION CONTROL APPROVAL FOR THE ENTIRE 801 MULBERRY TRACT.
THANKS RON
Ronald D. Cullipher, P.E.
The Cullipher Group, PA
151a Hwy 24
Morehead City, NC 28557
252-773-0090 ext 1003
From: Cook, Mike B<[e-mail]>
Sent:Tuesday,August 13, 2024 2:17 PM
To: Ballou-Lewis Properties, LLC<[e-mail]>
Cc: Ron Cullipher<[e-mail]>
Subject: NC DEMLR- FROF Application Approval CRM:0102191
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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
08-13-2024
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LETTER OF APPROVAL
Ballou-Lewis Properties, LLC
3302 Bridges St. Suite C
Morehead City, NC 28557
RE: Project Name:801 Mulberry Street
Acres Approved: 12.88
Application ID: PA-006065
Permit Number:CARTE-2025-0120
Address:801 Mulberry Street
City: Beaufort
County:Carteret
River Basin:White Oak
Stream Classification:SC:Aquatic Life,Secondary Contact Recreation,Tidal Salt Water
Plan Type: New Plan
Dear Ballou-Lewis Properties, 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 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 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
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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,
7/-
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: 801 Mulberry Street
Project ID: CARTE-2025-0120
County: Carteret
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
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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
12.88 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
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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 NCG01 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 NCG01 Self-Inspection, Recordkeeping and
Reporting standard detail can be printed from the deq.nc.gov/NCG01 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 1127 Cardinal Drive Ext. I Wilmington NC,28405
910-796-7215
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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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