NCC241519_ESC Approval Submitted_20240517

[e-mail]
From: SVC_DoNotReply-DEQPermits <[e-mail]>
Sent: Monday, May 13, 2024 2:16 PM
To: Caviness Land Development, Inc.
Cc: Larry King &Associates, R.L.S., P.A.; Michael Naylor;Taylor, Bailey L;Tabytha Smith;
Lowery Jacobs, Evangelyn
Subject: NC DEMLR - FROF Application Approval By Default CRM:0158160
Attachments: Application Report - Monday, May 13, 2024 200 PM.pdf; Certificate of Approval -
Monday, May 13, 2024 200 PM.docx; Letter of Approval - Monday, May 13, 2024 200
PM.docx
STATE
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Roy Cooper
Governor North Carolina Department of Environmental Quality
Elizabeth S.Biser
Secretary Division of Energy, Mineral & Land Resources
William Vinson Jr. Land Quality Section
(Acting)
Director
May 13,2024
LETTER OF APPROVAL
Caviness Land Development, Inc.
ATTN: Watson Caviness,President
175 Tennesee Walker Drive
Raeford,NC 28376
RE: Project Name: Highcroft Lots 233, 234, 326, 327 & 329
Acres Approved: 1.08
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Application ID: PA-004735
Permit Number: CUMBE-2024-0178
Address: LaGrange Drive
City: Seventy First Township
County: Cumberland
River Basin: Cape Fear
Stream Classification: C: Aquatic Life, Secondary Contact Recreation,Fresh water
Plan Type:New Plan
Dear Mr. Caviness:
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. 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.
As of April 1,2019,all new construction activities are required to complete and submit an electronic Notice of Intent(eNOl)
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. 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 NCGO1 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 NCGO1 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 the
proposed starting date for this project.
Your cooperation is appreciated.
Sincerely,
Evangelyn Lowery-Jacobs
Evangelyn Lowery-Jacobs
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy,Mineral&Land Resources
Land Quality Section
Enclosures: Certificate of Approval
ec: Mike Bowyer,Larry King&Associates,R.L.S.,P.A.
Michael Naylor, Cumberland County Inspections Office
cc: DEMLR-Fayetteville Regional Office
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Fayetteville Regional Office 1225 Green Street, Suite 714 I 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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