NCC243169_ESC Approval Submitted_20241011

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Secretary
BRIAN WRENN NORTH CAROLINA
Director Environmental Quality BY:/...._Lil ai...._
December 30,2020
LETTER OF APPROVAL WITH MODIFICATIONS AND
PERFORMANCE RESERVATIONS
Duck Pond Ventures, LLC
ATTN: Dan Koeller, Managing Member
5430 Wade Park Blvd.,Suite 400
Raleigh, NC 27607
RE: Project Name: Fairwinds Townhomes- Brick Landing
Acres Approved: 3.75
Project ID: BRUNS-2021-036
County: Brunswick
City: Shallotte
Address: Goose Creek Road SW
River Basin: Lumber
Stream Classification: HQW
Submitted By: Michael House, PE, Cape Fear Engineering, Inc.
Date Received by LQS: December 1,2020,December 23,2020 and December 30, 2020
Plan Type: Residential
Dear Mr. Koeller:
This office has reviewed the subject erosion and sedimentation control plan and hereby issues this Letter
of Approval with Modifications and Performance Reservations. A list of the modifications and reservations
is attached. 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. Should the plan not
perform adequately,a revised plan will be required(G.S. 113A-54.1)(b).
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
General Permit. After the form is reviewed and found to be complete,you will receive a link with payment
instructions for the $100 annual permit fee. After the fee is received, you will receive the COC via email.
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 Annette Lucas at
[e-mail] or Paul Clark at [e-mail]. If the owner/operator of this project
changes in the future,the new responsible party is required to apply for his/her own COC.
North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
'�j/}� Wilmington Regional Office ! 127 Cardinal Drive Extension I Wilmington.North Carolina 28405
OrnIminl Of E^ ^al DM\ /e"' 910.796.7215

Letter of Approval with Modifications and Performance Reservations
Duck Pond Ventures, LLC
December 30,2020
Page 3 of 4
MODIFICATIONS AND PERFORMANCE RESERVATIONS
Project Name: Fairwinds Townhomes- Brick Landing
Project ID: BRUNS-2021-036
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 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
(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)).