NCS000421_Sediment NOV_20190819

Engineering Services Departmentlow
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Terry Ku neff, P.E.
INTERIM DIRECTOR
NORTH CAROLINNS INTERNATIONAL CITY m
August 16, 2019
Developer
BSC Holdings, Incorporated
PO Box 16168
High Point,NC 27261
Property Owner(s)
The Landing at Westmott LLC
PO Box 16168
High Point,NC 27261
Westmoreland Place LLC
PO Box 16168
High Point,NC 27261
WWRC Partners LLC
PO Box 16168
High Point,NC 27261
RE: NOTICE OF VIOLATION
Project: Westmoreland Place and/or The Landing at Westmott
Location: at or near 4650 Johnson Street, High Point, NC 27265
Violation Number: EN170375
Dear Sir or Madame:
On August 14, 2019, staff from the Engineering Services Department conducted an inspection at
your project at or near 4650 Johnson Street("Site") for compliance to the City of High Point
Development Ordinance ("Ordinance"). The Site was found to be in violation of the Ordinance
and the Sedimentation Pollution Control Act of 1973 ("SPCA"). Specifically,the violations
occurring on the Site are:
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] Phone: [phone] TDD: 336.883.8517

1) Failure to Protect: Failure to take all reasonable measures to protect public property or
private property, including lakes and/or natural watercourses, from damage caused by
land-disturbing activities. City of High Point Development Ordinance Section 9.9.6.B.
2) Failure to Follow Plan: Failure to conduct a land-disturbing activity in accordance with
the provisions of an approved soil erosion and sedimentation control plan. City of High
Point Development Ordinance Section 9.9.6.B.3.
3) Failure to Maintain Temporary Measures: Failure to maintain temporary soil erosion
and sedimentation control measures and facilities during the development of the site. City
of High Point Development Ordinance Section 9.9.6.B.6.-
4) Failure to Cover Slopes: Failure to cover slopes within seven(7) days of completion of
any phase of grading, to plant or otherwise provide exposed, graded slopes or fills with
ground cover, devices, or structures sufficient to restrain erosion. City of High Point
Development Ordinance Section 9.9.6.B.8.
5) Failure to Plant Cover: Failure to plant cover on a tract when more than one contiguous
acre is disturbed or otherwise provide ground cover sufficient to restrain erosion within
fourteen(14) days of completion of any phase of grading. City of High Point
Development Ordinance Section 9.9.6.B.9.
To bring the Site into compliance with Section 6.3, the following corrections must be made:
1) Per approved Erosion and Sediment Control Plan:
a. Provide and maintain temporary or permanent groundcover
throughout all phases of grading and building. Sufficient ground
cover should be established based on the ground stabilization
requirements of the approved plans
b. Provide and maintain, throughout all phases of grading and
building, adequate erosion and sediment control measures,
structure(s), or device(s), to sufficiently restrain accelerated
erosion on all denuded slopes.
c. Provide and maintain, throughout all phases of grading and
building, adequate erosion and sediment control measures,
structure(s), or device(s) to sufficiently prevent off-site
sedimentation in the downstream watercourse and off-site public
or private property.
d. Provide and maintain, throughout all phases of grading and
building, Inlet Protection to any device or structure that collects
storm water run-off.
e. Provide and maintain, throughout all phases of grading and
building, adequate control measures, structure(s), or device(s) to
sufficiently control the storm run-off to prevent off-site
sedimentation in the downstream watercourse and off-site public
or private property.
f. Perform needed maintenance on Skimmer Basin #1 by removing
collected sediment and returning the Skimmer Basin to being fully
functional.
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] Phone: [phone] TDD: 336.883.8517

As described in Section 9.4.1 of the Ordinance, the landowner, tenant, or occupant of any land or
structure, and an architect, engineer, builder, contractor, agent, or any other person who
participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this
Ordinance may be held responsible for the violation and is subject to the remedies and penalties
set forth in this chapter. As per Section 9.4.3. of the Ordinance, it is your responsibility as the
landowner to bring the Site into compliance with local, state and federal laws.
Therefore, as per Section 9.9.6 of the Ordinance,you are hereby notified that you have
fifteen (15) working days from the date that this notice is received to bring your project
into compliance. If you fail to bring your Site into compliance within the allotted time, a civil
penalty with a maximum amount of$5000.00 per day may be assessed from the day of the
violation. Each day of continuing violation shall constitute a separate violation. Any person, who
fails to comply within the time specified, is subject to additional civil and criminal penalties for a
continuing violation.
You may appeal this Notice of Violation in writing to the Board of Adjustment within fifteen
(15) days following the date of the Notice of Violation in accordance with Sections 9.6.1 and
2.4.2 of the Ordinance. In the absence of an appeal, the decision of the Enforcement Officer shall
be final. If you fail to comply with a Notice of Violation from which no appeal has been taken,
or a final decision by the Board of Adjustment following an appeal, you shall be subject to such
remedies and penalties as may be provided for by state law or the Ordinance.
A copy of this Notice of Violation will be forwarded to the Winston Salem Regional Office of
the NC Division of Energy, Mineral and Land Resources and the NC Division of Water.
Please note that if you have not been assessed a civil penalty under GS 113A-64 for any previous
violation and you have abated the environmental damage resulting from this violation within 180
days from the date of this notice of violation, then the maximum cumulative total civil penalty
assessed under GS 113A-64 for all violations associated with the above Land-Disturbing Permit
will be twenty-five thousand dollars ($25,000).
You may view the City of High Point's Development Ordinance at the following link -
https://Iibrary.municode.com/nc/high point/codes/development ordinance?nodeId=CITY HIGH
POINT DEVELOPMENT ORDINANCE. Copies of the relevant ordinance and regulations
will be sent to you upon request.
Please notify me immediately after the violations have been corrected. This Site will not be
in compliance until I have received notification from you and inspected the Site.
Inspector Comments:
1) The stream and wetland area just below the Owls View Lane stub out
received a heavy amount of sediment from the Site. This is the second time
that this sensitive area and other downstream areas have been impacted by off-
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] Phone: [phone] TDD: 336.883.8517

site sedimentation from failure to contain sediment on-site. I couldn't find any
evidence that an attempt had been made to correct the failure during the site-
visit.
2) You need someone to make sure that the Erosion and Sediment Control
Measures are being installed correctly and maintained through out the grading
phase. It appears that this is being left to the grading contractor and it is not
being performed as it should. You are required to inspect and document
the measures weekly and after each 1-inch rain event.
3) The failures of erosion and sediment control measures have led to off-site
sedimentation damage to downstream property owners. As being the
Financially Responsible Party for this site, you will be responsible for the cost
of any clean-up or damage that is a result of off-site sedimentation from the
Site.
4) A requirement of the NCGO1 General Permit/NPDES Permit,you are
required to report any off-site sedimentation and actions taken to correct
the failure to the Regional Office.
Please call me if you have any questions, comments, or to schedule an on-site meeting to discuss
the violations.
Sincerely,
Scott E. Ford
Engineering Services Department
[phone]
cc: File
Tamera Eplin, PE, c/o Division of Energy, Mineral and Land Resources,NC Department of
Environmental Quality, 450 West Hanes Mill Road, Suite 300, Winston Salem,NC 27105
Sue Homewood, c/o Division of Water Resources,NC Department of Environmental
Quality, 450 West Hanes Mill Road, Suite 300, Winston Salem,NC 27105
attachments: Pictures taken 8-14-2019
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: [phone] Phone: [phone] TDD: 336.883.8517

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