NCC243581_ESC Approval Submitted_20241120

Dennis Gilbert
From: SVC_DoNotReply-DEQPermits <[e-mail]>
Sent: Monday, November 18, 2024 12:38 PM
To: DFH, LLC; Moorman, Kizer& Reitzel, Inc. - Dennis Gilbert
Cc: Smith, Tabytha
Subject: NCDEQ Erosion & Sedimentation Control Letter of Plan Approval By Default
CRM:0164292
Attachments: Application Report - Monday, November 18, 2024 1232 PM.pdf; Certificate of Approval
- Monday, November 18, 2024 1232 PM.docx; Letter of Approval - Monday, November
18, 2024 1232 PM.docx
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North Carolina Department of
Environmental Quality
Division of Energy, Mineral & Land
Roy Cooper Resources
Governor
Mary Penny Kelley Land Quality Section
Secretary
William Vinson Jr.(Acting)
Director
November 18, 2024
LETTER OF APPROVAL
DFH, LLC
3709 Raeford Road
Fayetteville, NC 28304
RE: Project Name: Creekside Oaks North—Lots 525, 556- 565& 573 -576
Acres Approved: 3.95
Application ID: PA-007747
Permit Number: HARNE-2025-0209
Address: Greenbay Street
City: Anderson Creek Township
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County: Harnett
River Basin: Cape Fear
Stream Classification: C: Aquatic Life, Secondary Contact Recreation, Fresh water
Plan Type: New Plan
Dear Sir or Madam,
The subject erosion and sedimentation control plan was approved by default. The Sedimentation Pollution Control Act
(hereinafter"Act") states that this plan must be filed a minimum of 30 days (15 days for revised plans) prior to the activity
and the approving authority must approve or disapprove the submitted plan within 30 days (15 days for revised plans) of
receipt of G.S. 113A-54.1. The Act further states that if the approving authority fails to approve or disapprove the
submitted plan within the 30-day (15 days for revised plans) period, the plan will be deemed approved. 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 (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 (eNO1) 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 $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. TheeNOlform may be accessed atdeq.nc.gov/NCG01. Please directquestions about
the eNOl 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 insure 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.
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 agencies such as the DEMLR stormwater
regulations, their enforcement requirements within Section 401 of the Clean Water Act, the Environmental Protection
Agency and/or the U.S.Army Corps of Engineers'jurisdiction of Section 404 of the Clean Water Act, the Division of Solid
Waste Management's landfill regulations, 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 upland areas would still have to be in compliance with the
N.C. Sedimentation Pollution Control Act.
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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, 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. DEMLR 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 DEMLR 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.
You are requested to file an amended Financial Responsibility/Ownership Form, if there is any change in the information
provided to our office at the time of the initial plan submittal. This permit allows for a land-disturbance, as called for on
the application and plan, not to exceed the approved acres. Exceeding the acreage can be a violation of this permit and
may require a revised plan and additional application fee. In addition, it would be helpful if you notify this office of a
change to the proposed starting date for this project.
Your cooperation is appreciated.
Sincerely,
Zan%77f. 8riZ4 for
Timothy L. LaBounty, PE
Regional Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources
Land Quality Section
Enclosures: Certificate of Approval
ec:
North Carolina Department of Environmental Quality l Division of Energy, Mineral and Land Resources
Fayetteville Regional Office I 225 Green Street, Suite 714 Fayetteville NC, 28301-5095
910-433-3300
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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