HomeMy WebLinkAboutNCC243160_ESC Approval Submitted_20241018 Luke Menius
From: Cook, Mike B <mike.cook@deq.nc.gov>
Sent: Wednesday, October 9, 2024 1:07 PM
To: Sloop Point Partners, LLC
Cc: Luke Menius
Subject: NCDEQ Erosion & Sedimentation Control Letter of Plan Approval CRM:0102252
Attachments: Certificate 20241009.pdf;Application Report - Wednesday, October 9, 2024 1254 PM.pdf
North Carolina Department of Environmental Quality
Division of Energy, Mneral&Land Resources
Land Quality Section
Roy Cooper
Governor
Mary Penny Kelley
Secretary
William Vinson Jr. (Acting)
Director
10-09-2024
LETTER OF APPROVAL
Sloop Point Partners, LLC
PO Box 3649
Wilmington, NC 28406
RE: Project Name: Halcyon at Sloop Point
Acres Approved:45.5
Application ID: PA-007361
Permit Number: PENDE-2025-0135
Address: ENVIRONMENTAL INTEREST PHYSICAL LINE 1
City: ENVIRONMENTAL INTEREST PHYSICAL CITY
County: Pender
River Basin:White Oak
Stream Classification: HQW: High Quality Waters;SA: Market Shellfishing,Tidal Salt Water
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Plan Type: New Plan
Dear Sloop Point Partners, 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. Please see the attached Application Report (FRO form), Letter of Approval (LOA) and
the Certificate of Approval (COA), if applicable. 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 48 .0129.
The attached, signed, digital copy of the letter may be used to submit with your electronic Notice of Intent (eN01) in order
to receive your Certificate of Coverage (COC). As of April 1, 2019, all new construction activities are required to complete
and submit an electronic Notice of Intent (eN01) form requesting a 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 eNO1 form may be accessed at deq.ncov/NCG01. Please direct questions about the eNO1 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,
70.1;04, (�s,4
Mike Cook
Assistant Regional Engineer
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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
Approval Letter and Conditions
Project Name: Halcyon at Sloop Point
Project ID: PENDE-2025-0135
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 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)).
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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 45.50
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, limit
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. 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-54.1(b)).
11. 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.
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 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).
14. 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.
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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
A North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
Wilmington Regional Office I 127 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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