HomeMy WebLinkAboutNCC250792_ESC Approval Submitted_20250318 From: Cook.Mike B
To: MPW Surf City 17.LLC;Wilson.Julie
Subject: [EXTERNAL]NCDEQ Erosion&Sedimentation Control Letter of Plan Approval CRM:0102373
Date: Tuesday,March 4,2025 8:09:59 AM
Attachments: imaae.ono
certificate 20250304.odf
Aoolication Reoort-Tuesday.March 4.2025 804 AM.odf
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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
03-04-2025
LETTER OF APPROVAL
MPW Surf City 17,LLC
2918-a Martinsville Road
Greensboro,NC 27408
RE Project Name:Spiller Tract Surf City
Acres Approved:22
Application ID:PA-009380
Permit Number:PLNDL-2025-0154
Address:US Highway 17
City:Surf City
County:Pender
River Basin:White Oak
Stream Classification:HOW:High Quality Waters;SA:Market Shellfishing,Tidal Salt Water
Plan Type:New Plan
Dear MPW Surf City 17,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),T applicable.
The Certificate ofApproval must be posted atthejob 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(eNCI)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.aov/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 413.0118(a)and the NCG01 permit require that the following documentation be kept on file atthejob 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 of1973(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,
Mike Cook
Engineer II
Division of Energy, Mineral and Land Resources
Land Quality Section
Phone: (910)796-7315
Email: mike.cook(cDdeq.nc.Roy
127 Cardinal Drive Extension
Wilmington,NC 28405
Approval Letter and Conditions
Project Name: Spiller Tract Surf City
Application ID: PA-009380
Project ID: PENDE-2025-0154
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 thejurisdiction 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 withinjurisdictional 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 22.0 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)).
11. 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)).
12. 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.
13. 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.
14. 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
Email correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties by an authorized state official.
CERTIFICATE OF PLAN APPROVAL
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4P%iL 12.Ill6
QU.AM VW
The posting of this certificate certifies that an erosion and sedimentation control plan has been
approved for this project by the North Carolina Department of Environmental Quality in
accordance with North Carolina General Statute 113A — 57 (4) and 113A — 54 (d) (4) and North
Carolina Administrative Code, Title 15A, Chapter 4B.0107 (c). This certificate must be posted
at the primary entrance of the job site before construction begins and until establishment of
permanent groundcover as required by North Carolina Administrative Code, Title 15A,
Chapter 4B.0127 (b).
Spiller Tract Surf City
US Highway 17 Surf City, NC 28443
3/4/2025 PENDE-2025-0154
Date of Plan Approval p E Q�� Project Identifier
Certificate of Coverage Number:
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act, including any
activity under a common plan of development of this size as covered by the NCG01 permit, before this form
and an acceptable erosion and sedimentation control plan have been completed and approved by the Land
Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate
Regional Office. (Please type or print and, if the question is not applicable or the e-mail address or phone
number is unavailable, place N/A in the blank.)
Part A.
1. Project Name: Spiller Tract Surf City
*If this project involves American Rescue Plan Act(ARPA)funds, list the Project Name below under which
you applied for funding through the Division of Water Infrastructure (DWI).
Is Pro ect ARPA Funded ARPA Project Name ARPA Project#
No
2. Location of land-disturbing activity: County: Pender City or Township: Surf City
Highway/Street: US Highway 17 Latitude: 34.456700 Longitude:-77.602500
3. Approximate date land-disturbing activity will commence: 5/1/2025
4. Purpose of development (residential, commercial, industrial, institutional, etc.): Residential
5. Total acreage disturbed or uncovered (including off-site borrow and waste areas): 22.00
6. The application fee of $100.00 per acre (rounded up to the next acre) is assessed without a ceiling
amount (Example: 8.10-acre application fee is $900).
7. Has an erosion and sediment control plan been filed? No
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
Name: Hunter Young E-mail Address: hunter@evolvecos.com
Phone: 336-580-2331 Mobile: 336-580-2331
9. Landowner(s) of Record:
Landowner(s) of Record
Name Email Business Phone Mobile Phone
MPW Surf City17, LLC hunter evolvecos.com 336-580-2331 336-580-2331
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
2918-a Greensboro NC 27408 2918-a Greensboro NC 27408
Martinsville Road Martinsville Road
Part B.
1. Company(ies) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all
responsible parties on accompanied page.)If the companyis a sole proprietorship orif the landowner(s)is an individual(s), the
name(s)of the owner(s)may be listed as the financially responsible party(ies).
Prima Financially Responsible Part
Company Name Email Business Phone Mobile Phone
MPW Surf City 17, LLC hunter evolvecos.com 336-580-2331 336-580-2331
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
2918-a Greensboro NC 27408 2918-a Greensboro NC 27408
Martinsville Road Martinsville Road
Additional Financially Responsible Parties
Company Name Email Business Phone Mobile Phone
MPW Surf City 17, LLC hunter evolvecos.com 336-580-2331 336-580-2331
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 City State zip
2918-a Greensboro NC 27408 2918-a Greensboro NC 27408
Martinsville Road I Martinsville Road
Company Name Email Business Phone Mobile Phone
Michael Winstead, Jr. hunter evolvecos.com 336-580-2331 336-580-2331
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
2918-a Greensboro NC 27408 2918-a Greensboro NC 27408
Martinsville Road Martinsville Road
Note: If the Financially Responsible Party is not the owner of the land to be disturbed, include with this form the
landowner's signed and dated written consent for the applicant to submit a draft erosion and sedimentation control
plan and to conduct the anticipated land disturbing activity.
2. (a) If the Financially Responsible Party is a domestic company registered on the NC Secretary of State
business registry, give name and street address of the Registered Agent:
Registered Agent Information
Name I Email Business Phone Mobile Phone
Michael Winstead, Jr. I hunter evolvecos.com 336-580-2331 336-580-2331
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 City State Zip
2918-a Greensboro NC 27408 2918-a Greensboro NC 27408
Martinsville Road Martinsville Road
(b) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the
designated North Carolina agent who is registered on the NC Secretary of State business registry:
North Carolina Agent Information
Name Email Business Phone Mobile Phone
Ph sical Address Mailing Address
Street 1 City State Zip Street 1 __+_City State Zi
En i eering/Consulting Firm Information
Name Email Business Phone Mobile Phone
WithesRavenel jwilson@withersravenel.com 910-899-4632 910-899-4632
Physical Address I Mailing Address
Street 1 City State Zip Street 1 City State Zip
219 Station Wilmington NC 28405 219 Station Wilmington NC 28405
Road Suite 101 Road Suite 101
Additional Details
1. Stream Classification: HQW: High Quality Waters; SA: Market Shellfishing, Tidal Salt Water
2. Was Express Review Requested: No
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath. (This form must be signed by the Financially Responsible Person if an individual(s)
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Party). I agree to provide
corrected information should there be any change in the information provided herein.