NCC190682_ESC Approval Submitted_20190620

ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. DANIEL SMITH
Interim Director
NORTH CAROLINA
Environmental Quality
May 23, 2019
LETTER OF APPROVAL WITH MODIFICATIONS
RFM and Gwaltney Farms, LLC
Attn: Mr. William H. Wakeman, III
306 E. Main Street Suite 200
Lakeland, FL 33804
RE: Project Name: RED FOX MEADOWS
Acres Approved: 2.5
Project ID: AVERY 2019-004
County: Avery
City: Banner Elk
Address: Highway 184
River Basin: Catawba
Stream Classification: UT's to Whitehead Creek -- C;Trout
Submitted By: Mr. David Stern
Date Received by LQS: March 15, 2019
Date Disapproved by LQS: April 12, 2019
Date Revision Received by LQS: May 13, 2019
Plan Type: Residential
Dear Mr. Wakeman:
This office has reviewed the subject revised erosion and sedimentation control plan. We find the
plan to be acceptable with modifications and hereby issue this Letter of Approval with
Modifications. The enclosed 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.
D � N North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Asheville Regional Office 12090 U.S. Highway 70 I Swannanoa, North Carolina 28778
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Letter of Approval with Modifications
RFM and Gwaltney Farms, LI,C
May 23, 2019
Page 2 of 4
As of April 1, 2019, all financially responsible parties for new construction activities are required
to complete and submit an electronic Notice of Intent (NOI) form requesting a Certificate of
Coverage (COC) under the NCGO10000 Construction Stormwater General Permit. This form
MUST be submitted prior to the commencement of any land disturbing activity on the above
named project. The NOI form may be accessed at deq.nc.gov/NCG01. Please direct questions
about the NOI form to Ms. Annette Lucas at [e-mail] or Mr. Paul Clark at
[e-mail]. After you submit a complete and correct NOI Form, a COC will be
emailed to you within three business days. Initially, DEMLR will not charge a fee for coverage
under the NCGO1 permit. However, on or after May 1, 2019, a $100 fee will be charged
annually. This fee is to be sent to the DEMLR Stormwater Central Office staff in Raleigh.
Title 15A NCAC 4B .0118(a) and the NCG01 permit require that the following documentation
be kept on file at the job site:
I . 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 30 days. Note that the Sediment
Pollution Control Act (113A-54.I(e)) states that "The record shall be maintained until permanent
ground cover is established...."
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 I I3A-51 through 66), this office may require revisions to the plan and implementation of
the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal and
State water quality laws, regulations, and rules. In addition, local city or county ordinances or
rules may also apply to this land -disturbing activity. This approval does not supersede any other
permit or approval.
Please note that this approval is based in part on the accuracy of the information provided in the
Financial Responsibility Form, which you provided. You are requested to file an amended form
if there is any change in the information included on the form. In addition, it would be helpful if
you notify this office of the proposed starting date for this project. Please notify us if you plan to
have a preconstruction conference.

Letter of Approval with Modifications
RFM and Gwaltney Farms, LLC
May 23, 2019
Page 3 of 4
Your cooperation is appreciated.
Sincerely,
Land Quality Section
Enclosures: Certificate of Approval
NCG01 Fact Sheet
ec: Mr. Michael Warnock [e-mail]
Mr. David Stern [e-mail]

Letter of Approval with Modifications
RFM and Gwaltney Farms, LLC
May 23, 2019
Page 4 of 4
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: RED FOX MEADOWS
Project ID: AVERY 2019-004
County: Avery
1. Prior to any additional disturbance at this site, the erosion sediment control plan must
incorporate all requirements of NCGO1 Construction Stormwater General Permit (see link below
for additional information); and the Certificate of Coverage for NCG01 Construction Stormwater
General Permit must have been received.
{NCG01 Construction Stormwater General Permit}
https :Hdeq. nc. gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-
permits/stormwater-permits/construction-sw
2. All surface waters must be protected from sediment -laden runoff with adequate erosion
sediment control devices and an adequate buffer. Compliance with the trout buffer variance TB-
AVERY 2019-001, issued May 21, 2019, is required. Note the October 15, 2019 deadline for all
trout buffer restoration/stabilization to be completed.
{G.S. 113A-571{ 15A NCAC 04B .0106} { 15A NCAC 04B .0109} { 15A NCAC 04B .0125}