NCC223804_ESC Approval Submitted_20221114

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Internationally Recognized for Program Excellence
Midland Southern Pines Retail, LLC
8044 Montgomery Road — Suite 370
Cincinnati, OH 45236
Public Works Department
801 S.E. Service Road • Southern Pines, NC 28387
11/09/2022
Re: _Approval:
ZP-20-21 Morganton Park South — Phase 1
Watsons Lake — Lumber
Plans Received: 12/23/2021
HOW: No
Project Location:
10695 US 15-501 HWY.
Southern Pines, NC 28387
Lat: 35.1685
Long:-79.4187
Dear Midland Southern Pines Retail LLC:
Financially Responsible Owner/Developer:
Midland Southern Pines Retail LLC
8044 Montgomery Road — Suite 370
Cincinnati, OH 45236
513-792-5000
Our review of the above referenced erosion control plan has been completed. The plan submitted
has been found acceptable and subject to the following stipulations:
1. In order to ensure the early coordination and implementation of the erosion control for this
project, it is requested that a pre -construction conference be held. Representatives of the
owner, engineer, contractor, and this office should attend. Please notify Mr. Jay Hough at
910.692.1983 when scheduling this conference.
2. At the conference, the representative of this office will deliver a set of plans clearly marked as
approved for erosion control by the Town. After the installation of temporary erosion control
measures and devices the representative of this office will issue the Town of Southern Pines
Grading Permit. The Grading Permit must be posted on the job site. During all phases of
construction, the contractor must work only from a set of approved plans. The marked set of
plans and a copy of this letter must be on the site at the time of any construction activity.
3. 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 the Division of Energy, Mineral and Land Resources under storm
water regulations, the US Army Corps of Engineers under Article 404 jurisdiction, local county
or town agencies under their local 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 other
lands must still be in compliance with the Sedimentation Pollution Control Act.
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4. If any area on site falls under the jurisdiction of Section 404 of the Clean Water Act., the
developer is responsible to the orders of the US Army Corps of Engineers. Any erosion
measures that fall within jurisdictional wetland areas must be relocated to the transition point
between the wetlands and the highlands to assure that the migration of sediment will not
occur. If that relocation presents a problem or contradicts any requirements of the Corps of
Engineers, it is the responsibility of the developer to inform the Erosion Control Inspector so
that an adequate contingency plan can be made to assure sufficient erosion control on -site.
Failure to do so will be considered a violation of the approval.
5. This project is subject to the National Pollutant Discharge Elimination System (NPDES).
Please see enclosed North Carolina Department of Environmental Quality (NCDEQ)
documentation regarding procedures for obtaining permit NCG010000. Refer to the
attached NCDEQ NCG01 Ground Stabilization and Materials Handling Sheet for
additional details on compliance with these requirements. Should you have questions
contact Annette Lucas, Division of Energy, Mineral and Land Resources, 919-707-3639.
6. Any borrow material brought onto this site must be from a legally permitted mine site or other
approved source. A single use borrow or waste area site is only permissible if it is operated
under control of the financially responsible person or firm that is developing this site. An
approved erosion and sediment control plan is required for all single use borrow and waste
sites.
7. Following the installation of all initial erosion control measures, you should notify this office to
request an inspection prior to proceeding with any grading.
8. Following completion of the project, you should notify this office to schedule a final inspection.
The purpose of this inspection is to ensure that all erosion control requirements have been
met.
9. This approval is valid only for the land owner(s) and financially responsible person(s) as listed
on the plans and Financial Responsibility/Ownership Form. Any changes must be reported
to this office on an amended Financial Responsibility/Ownership form.
10. With this approval the construction inspector for the Town of Southern Pines or his agent has
the right to enter the permitted property to provide for periodic inspection of the land -disturbing
activity in accordance with North Carolina general statue 113a-61.1.
11. The approval of this plan, by the Town of Southern Pines, in no way is meant to relieve the
design professional of his or her responsibility for the project design.
This approval is subject to the satisfactory performance of the erosion control measures under
field conditions. Should it be determined that the requirements of the Sedimentation Pollution
Control Act of 1973 (G.S. 113A, 51-66) and the Soil Erosion and Sedimentation Control Ordinance
of the Town of Southern Pines are not being met, revisions to the plan and its implementation will
be required.
This permit allows for a land disturbance, as called for on the application plan, not to exceed 26.46
acres and/or the construction limits as shown on the plans. Exceeding these limits will be a
violation of this permit and would require a revised plan and additional application fee.
Amendments to the plan should be submitted to this office under the same procedure as followed
for the original plan.
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PLEASE NOTE THE NEW SELF INSPECTION PROGRAM REQUIREMENTS AS DETAILED
IN THE ATTACHED INFORMATION. A REPORTING FORM IS ATTACHED AND SHOULD BE
FILLED OUT AND KEPT ON -SITE AND AVAILABLE FOR REVIEW BY TOWN INSPECTORS.
We look forward to working with you on this project.
Sincerely,
Town of Southern Pines
r
James Michel, PE
Town Engineer
Town of Southern Pines
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