NCC243107_ESC Approval Submitted_20241009

NC DEMLR - FROF Application Approval By Default with Modifications CRM:0158303
From: SVC_DoNotReply-DEQPermits ([e-mail])
To: [e-mail]
Cc: [e-mail]; [e-mail]; [e-mail]; evangelyn.lowery-
[e-mail]
Date: Tuesday, September 24, 2024 at 02:50 PM EDT
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North Carolina Department of
Environmental Quality
Division of Energy, Mineral &
Land Resources
Roy Cooper Land Quality Section
Governor
Elizabeth S. Biser
Secretary
William Vinson Jr. (Acting)
Director

September 24,2024
LETTER OF APPROVAL WITH MODIFICATIONS
Tumbleweed Holdings, LLC
ATTN: Bobby A. Branch, Owner
402 Forestwood Park Road
Sanford,NC 27330
RE: Project Name: Liberty Hills II Subdivision
Acres Approved: 64.2
Application ID: PA-007380
Permit Number: CUMBE-2025-0262
Address: Kimsey Lane
City: Fayetteville

County: Cumberland
River Basin: Cape Fear
Stream Classification: B: Primary Contact Recreation, Fresh Water; WS-IV: Water Supply IV
Plan Type: Revised Plan
Dear Mr. Branch:
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
(eNOI) 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 DEMLER
Stormwater regulations, Division of Water Resources,Water Quality Section regulations, and 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.
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. The 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.
MODIFICATIONS REQUIRED FOR APPROVAL
Provide a copy of the USACE 404 permit and DWR 401 certifications for the office file. Submit documentation
with maps showing location and extent of impacts to streams and wetlands with any special condition pertaining to
erosion and sediment control and restoration of affected areas. If the permit is pending,please forward a copy of the
application submittal package. (GS 113A-54.1(c))
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
Modifications Required for Approval
ec: Michael T. Blakley,Drafting and Design Services,Inc.
Michael Naylor, Cumberland County Inspections Office
cc: DEMLR-Fayetteville Regional Office
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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.
piLetter of Approval -Tuesday, September 24, 2024 232 PM.docx
990.9kB
DApplication Report -Tuesday, September 24, 2024 232 PM.pdf
93.1kB
pi Certificate of Approval -Tuesday, September 24, 2024 232 PM.docx
195.8kB