20051071 Ver 1_Other Agency Comments_20050706

State of North Carolina
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Michael F. Easley, Governor William G. Ross, Jr., Secretary
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION -
June 1, 2005
LETTER OF APPROVAL WITH MODIFICATIOl\TS
H & M Company, Inc.
ATTN: Mr. Chris Carroll, Sr. Vice President
~0 Security Drive
Jackson, Tennessee 38305
RE: Erosion and Sedimentation Control Plan No. Crave-2005-061
B/S/H Appliance Logistics Center
SR 1371 and SR 1225 -Craven County
River Basin: Neuse
Date Received: May 31, 2005
Responsible Party: H & M Company, Inc.
Dear Sir:
This office has completed its review of the erosion and sedimentation control plan for the
referenced 61.8 acre disturbance. Based on the information provided, we have determined the
submitted plan for the clearing, grubbing and grading of the site for the construction of drainage
stormwater ponds and a commercial building, if properly implemented and responsibly
maintained, should meet the intent and minimum recruirements of the Act. We, r~°refore, issue
this LETTER QF APPROVAL WITH the following M DIFICATI N~.
1. Prior to disturbing the areas identified as "wetlands" , this office rr,,, ~r be
provided with a copy of the US Army Corps of Engineers permitting the
disturbance.
2. An appropriate sediment control measure or device must be provided in the
"cleaned-out" roadway swale, located at the southeast corner of the site,
near its discharge into the existing watercourse.
In 1973, the Sedimentation Pollution Control Act (copy available upon request) was
enacted. It established a performance oriented program with the OBJECTIVE of PREVENTLNG
SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land
disturbing activities through the use of reasonable and appropriate Best Land Management
Practices, based on the approved plan and changing site conditions, during the course of the
9<3 Washington Square Mall, W`zshington, North Carolina 07889 Telephone 252-94~ ad8?, =4X "'~_ ~?~S"o
An equal Opportunity Employeer 5C%recycied"C% post--consume' goer

H & M Company, Inc.
ATTN: Mr. Chris Carroll, Sr. Vice President
June 1, 2005
Page 2
project. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL,RESFONSIBII.ITY
is to understand the Act and comply with the following minimum requirements of the Act and the
above listed modifications (if any):
-- an erosion and sedimentation control plan is only valid -for 3 years
following the date of initial approval, if no land-disturbing activity has been
undertaken;
-- the LATEST APPROVED soil erosion and sediment control plan will be
used during inspection to determine compliance and a copy of the plan must
be on file at the job site;
-- erosion and sediment control measures or devices were designed and are
to be installed to safely withstand the runo, f~' resulting from a 10 year storm
evens - 6.5 - 7 inches in 24 hours or 2.5 - 3 inches in 1 hour.
-- unless the o~site borrow and/or disposal sites are identified in the erosion
control plan, no earthen material is to be brought on or removed from the
project site;
-- except in the case of a storm related emergency, a revised erosion and
sedimentation control plan must be submitted to and approved by this
office prior to initialing any significant changes in the construction,
grading or drainage plans;
-- a buffer ;one, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing activity and any adjacent
property or watercourse;
-- .-~~w or affected cut or fr._11P.d slopes must be at on angle that car, ho retainp~l
by vegetative cover, AND must be provided with a~~round cover su,~ciera
to restrain erosion within the shorter of 15 working or 30 calendar days
o~ir~pletion pf an,Knhase ~mugh or~~ o,,,~,~radir~ {RYE GRASS IS
1~~T in the APPROVED seeding specifications Q is it an
ACCEPTABLE substitute for the providing of a temporary ground cover);
-- the CERTIFICATE OF PLAN APPROVAL must be posted at the primary
entrance to the job site and remain until the site is permaneraly stabilised;
-- unless a temporary, manufactured, lining material has been specified, a
clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to
all seeded areas. The mulch must cover at least 75 % of the seeded area
after it is either tacked, with an acceptable tacking material, or crimped in
place;

H & M Company, Inc.
ATTN: Mr. Chris Carroll, Sr. Vice President
June 1, 2005
Page 3
-- in order to comply with the iraent of the Act, the scheduling of the land-
disturbing activities is to be such that both the area of exposure and the
time between the land disturbance and the providing of a ground cover is
minimized;
-- a permanent ground cover. sufficient restrain erosion, must be provided
within the shorter of IS working or 90 calendar days after completion of
construction or developmem on any portion of the tract (RYE GRASS IS
Ly_Q~ in the g,~'PROVED seeding sped, fications ~V~R is it an
ACCEPTABLE substitute for the providing of a nurse cover for the
permanent grass cover); and,
-- this approval is based, in pan, on the accuracy of the information provided
in the Financial Responsibility/Ownership form submitted with the project
plans. You are required to file an amended form if there is any change in
the information included on the form. This approval and the financial
responsibility/liability cited in it does not automatically transfer with a
change in project ownership.
Be advised that to ensure compliance with the approved plan and the program
requirements, unannounced periodic inspections will be made. If it is determined that the
implemented plan is inadequate, this office may require the installation of additional measures
and/or that the plan be revised to comply with state law. (Note: Revisions w the scope of this
project without prior approval of the plan showing the changes can be considered a violation).
Failure to comply with any part of the approved plan or with any requirements of this program
could result in the taking of appropriate legal action (civil or criminal) against the financially
responsible parry (H & M Company, Inc.). Some options are Stop Work Orders and the assessing
of a civil penalty of up to $5000 for tl~ initial violation plus up to $5000 per day for each day the
site is out of compliance.
In recognizing the desirability of early coordination of sedimentation control, we believe
it would be beneficial for you and your contractor to arrange a preconstruction conference to
discuss the requirements of the approved erosion and sedimentation control plan. Prior to
beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO
ADVISE Mr. Gary Novak (252-94-C~-6481, ext. 38b0) OF THE CONSTRUCTION START-UP
DATE, contractor and on-site contact person OR complete and return the attached Project
Information Sheet to the above named.
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations and rules. In addition, the land disturbing activity
described in this plan may also require approval or permitting from other agencies -Federal, State
or local. These could include the U.S. Army Corps of Engineers un~sier Article 4.0.4.
jurisdiction, the Division of Water Quality -Surface Water Section under stormwater regulations
(contact the Stotmwater group at 252-946-6481), county, city or town agencies under other local

..
H & M Company, Inc.
ATTN: Mr. Chris Carroll, Sr. Vice President
June 1, 2005
Page 4
ordinances, or other approvals that may be required. This avnroval does not supersede anv
other approval oror per.
Please be advised that a rule to protect and maintain existing buffers along watercourses
in the Neese River Basin became effective on July 22, 1997. The Neese River Riparian Area
Protection and Maintenance Rule (15A NCAC 2B.0233) applies to a 50 (horizontal) foot wide
zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Neese River
basin. In riparian areas, the rule prohibits land disturbance, new development and fertilizer use
in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation.
Clearing, seeding and cone-time fertilizer use to establish the grass is allowed within the riparian
area 20 feet landward of the first 30 feet of riparian area, but new development is prohibited. For
more information about the riparian area rule, please contact the Division of Water Quality's
Wetland/401 Unit at 919-733-1786.
Please be advised that all land-disturbing activities affecting 1 or more acres are required
to have a (Federal) NPDES permit. Enclosed is the Construction Activities General NPDES
Permit - NCGO10000 for this project. The responsibility for understanding and complying with
this permit rests with you, the financially responsible party. Be aware that failure to comply with
this permit could result in both the State and Federal governments taking appropriate legal action.
Contact the Division of Water Quality -Surface Water Section at (252) 946-b4$1 should you have
any questions regarding monitoring and record keeping requirements of the permit.
Sincerely,
Patrick H. McClain. PE
Regional Engineer
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enclosures
w/o enc. cc: Michael Rice, PE, Robert M. Chiles, PE
Al Hodge, Division of Water Quality