HomeMy WebLinkAboutSW6110803_Letter of Approval_20110301&�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
March 1, 2011
LETTER OF APPROVAL
EXPRESS REVIEW OPTION
Floyd Properties. and Development, Inc.
Attn: Gregory W. Floyd, VP
P.O. Box 53630
Fayetteville, NC 28305-
RE: Project Name: Tumberry Section 1 Acres Approved: 25
Project ID: HOKE-201 I-038
County:, Hoke McLauchlin NC Hwy 401 South
River Basin: Cape Fear Stream Classification: Other
Submitted By: Moorman, Kizer & Reitzel, Inc.
Date Received by LQS: 2/4/2011
Plan Type: Express
Dear Mr. Floyd:
This office has reviewed the subject erosion and sedimentation control plan. We find the plan to
be acceptable and hereby issue this Letter of Approval. 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.
Title 15A NCAC 4B .0118(a) requires that a copy of the approved erosion control plan be on file
at the job site. Also, this letter gives the notice regltired 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 Division of Water Quality's 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
Fayetteville Regional Office 225 Green Street — Suite 714, Fayetteville, North Carolina 28301
Phone: 910.433-3300 / FAX: 910.486-0707-Internet: http://www.dlr.enr.state.nc.us/pages/landoualitysection.html
An Equal Opportunity / Affirmative Action Employer — 50% Recycled / 10% Post Consumer Paper
Letter of Approval
Floyd Properties and Development, Inc.
March 1, 2011
Page 2 of 2
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 Quality, 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
Land Quality Section 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 eitherDWQ, the Corps, or the EPA, it is the responsibility of the
developer to inform the Land Quality Section 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.
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 be aware that your project will be covered by the enclosed NPDES General Stormwater
Permit NCGO1000 (Construction Activities). You should first become familiar with all of the
requirements for compliance with the enclosed general permit.
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.
Your cooperation is appreciated.
Sincerely,
Sally Castle, El
Land Quality Section
Enclosures: Certificate of Approval
NPDES Permit
cc: Moorman, Kizer & Reitzel, Inc.
William Coxe, Building Inspector
Belinda Henson, Division of Water Quality
Land Quality Section - Fayetteville Regional Office File