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HomeMy WebLinkAboutNCC241163_MODIFICATION Supporting Doc (ADDL LOTS)_20250325 NF-STATE°,,
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North Carolina Department of Environmental Quality
Division of Energy, Mineral&Land Resources
Land Quality Section
Josh Stein
Governor
D. Reid Wilson
Secretary
William(Toby)Vinson Jr.
Director
03-14-2025
LETTER OF APPROVAL
D.R. Horton, Inc.
6752 Parker Farm Drive (Suite 210)
Wilmington, North Carolina 28405
RE: Project Name: Blake Farm - Parcel R
Acres Approved: 65.88
Application ID: PA-009642
Permit Number: PENDE-2024-0112
Address: Blake Farm BLVD
City:Wilmington
County: Pender
River Basin: Cape Fear
Stream Classification: B: Primary Contact Recreation, Fresh Water;SW:Swamp Waters
Plan Type: Residential
Dear D.R. Horton, Inc.,
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 4B .0129.
The attached, signed, digital copy of the letter may be used to submit with your electronic Notice of
Intent(eNOI) 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(eNOI)
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 eNOI 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 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 a change to 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
APPROVAL COMMENTS AND CONDITIONS
Project Name: Blake Farm—Parcel R
Project ID: PENDE-2024-0112
Application ID: PA-009642
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 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)).
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
0.98 additional acres for a total of 65.88 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. 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 NCGO1 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 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).
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.
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 I Division of
Energy, Mineral and Land Resources
D_E CO
Wilmington Regional Office 1127 Cardinal Drive Ext. I Wilmington
N C, 28405
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910-796-7215