NCC232906_ESC Approval Submitted_20230927

ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I [e-mail] 11.31.W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
Letter of Approval
Tuesday, September 19, 2023
Brent Edmiston
Chick-fil-A, Inc.
5200 Buffington Road
Atlanta, GA 30349
Re: Erosion Control Plan Approval for Land-Disturbing Activity in Orange County,NC
Permit Number: LDP23-0033
Project Name: Chick-fil-A Chapel Hill University Place
Parcel ID Number: 9799220641
To Person(s) Conducting Land Disturbing Activity:
Approval of the Erosion Control Plan for this site is hereby granted. This letter and its attached
conditions, approvals, comments and statements becomes part of the approved Erosion Control
Plan for this land-disturbing activity.
The land-disturbing permit (Erosion Control Permit) will be issued at the Pre-Construction
Conference.No timbering,grading,or other land-disturbing activities may occur prior to this
conference. Please read the attached Conditions of Approval carefully in order to understand your
responsibilities and liabilities.After reading the Conditions of Approval,please sign and return the
Letter of Acknowledgement provided. Failure to comply with the erosion control requirements of
the Orange County Unified Development Ordinance may result in a stop work order, fines and/or
penalties.
Sincerely,
6 sty 9
Orange County Planning and Inspections Director
[e-mail]
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ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director I [e-mail] 1131 W.Margaret Lane,Hillsborough,NC 27278 1919.245.2575
Conditions of Approval
Permit Number: LDP23-0033 Jurisdiction: Town of
Chapel Hill
Project Name: Chick-fil-A Chapel Hill University PIN or TMBL: 9799220641
Place
Approval Date: September 19, 2023
Approval Expires: 9-18-2026
Chick-fil-A, Inc. is listed as the entity responsible on the Statement of Ownership and Financial
Responsibility form submitted for this site. (If you are not the owner/developer or other
responsible person, please take this opportunity to correct this error as soon as possible;
otherwise,you will be considered responsible.) Although you will probably contract someone (a
general contractor, grading contractor, subcontractor, etc.) to actually implement and maintain
the erosion control plan, it is your responsibility, according to the Orange County Unified
Development Ordinance, to see that the requirements of the Ordinance and approved plan are
achieved. It is also your responsibility to ensure the approved plan is successful in containing
sediment on-site and that all permanent erosion control measures are successful. If these
responsibilities are not fulfilled and enforcement and/or legal actions are taken,it will be against
Chick-fil-A,Inc.,not the grading contractor or other contractor,unless they are the same person
or firm.
Erosion Control personnel will cooperate with you and your designer and contractor to
implement the approved plan and meet the Ordinance requirements. To accomplish this, both
you and your agents must take the initiative in contacts with Erosion Control personnel.
However, this interaction must not be interpreted as relieving you of any responsibilities and
transferring it to the contractor or Erosion Control personnel. Neither should it be construed that
Erosion Control personnel are acting as liaison between you and your designer, contractors, or
other agents. If problems arise, Erosion Control personnel will suggest solutions;however these
are only suggestions, since Erosion Control personnel will not act as your engineer. If necessary
you must employ your engineer or architect to design a solution.
We will continue to work with you,your contractor,and designer,and we will contact personnel
at the site whenever possible to keep the site in compliance (as long as all of you are responsive).
If this approach fails,and you do not take the initiative in responding to requests for compliance,
you will be given written notices of violation and enforcement action will be taken should you
fail to respond by the specified deadlines. It is hoped, and is our commitment, that the first
approach to inspections and compliance will be successful and that a good working relationship
can be established and maintained.
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Conditions of Approval
Revised 8/06/14
In undertaking this land-disturbing activity,be aware of and observe the following requirements
of the Ordinance.
• PRIORITIES: Erosion and sediment control must be given equal,or greater if necessary,
priority with grading,construction, and other efforts to develop the site. At certain times
(for example,during initial construction and when repairs and maintenance are required)
erosion and sediment control will require more effort to ensure success.
• EXPIRATION: Erosion control plan approval expires if work does not begin within
three years of the date of this letter. The land-disturbing permit expires two years after
work begins.
• THE WEATHER: Assume that this site will get at least one 6-hour, 10-year storm event
(0.67 inches/hour for 6 hours) and be prepared to handle the resulting runoff and control
the erosion it will cause on the site. If your site is located within the Neuse River Basin,
then erosion control measures are designed to withstand the 25-year storm.
• INITIATIVE: Chick-fil-A, Inc. must take the initiative in implementing the erosion
control plan. This includes seeing that the construction sequence is followed, inspecting
the installed devices, performing maintenance and installing additional devices when
necessary.Do not wait for Erosion Control personnel to discover problems;their function
is not to act as your construction inspector but to spot-check the site for compliance with
the approved plan. When Erosion Control personnel discover problems and there has
been no initiative on your part to make corrections, you will be expected to make
corrections immediately,usually within one or two days.
• OTHER APPROVALS AND PERMITS: This project must comply with all local, State,
and Federal environmental laws. You must have all necessary applicable approvals (i.e.,
zoning compliance, Department of Transportation, US Army Corps of Engineers, NC
Division of Water Resources, sewer and water, etc.) required to begin this project so that
work can continue uninterrupted to completion and there are no delays that will increase
erosion and sediment generation. If these approvals are not obtained and work is
suspended while waiting for them,the site will have to be stabilized until work resumes.
If a Land-disturbing permit has not been obtained, it is your responsibility to ensure that
it is purchased before work begins.
• PROPERTY LINES, CLEARING LIMITS, ETC.: Chick-fil-A, Inc. is responsible for
determining where the property lines and clearing limits are,and for staying within those
boundaries. You are also responsible for locating,and protecting such things as setbacks,
water quality buffers,absorption field sites,flood plains,protected wetlands,undisturbed
areas,trees to be saved,etc.
• PERFORMANCE: The Ordinance is performance oriented. If it is determined that
sediment damage (sediment lost off site or into streams, water bodies, or buffers) is
occurring despite proper implementation and maintenance of the approved plan, it is
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Conditions of Approval
Revised 8/06/14
your responsibility to provide additional sediment trapping and/or erosion control
measures.Although the plan has been carefully reviewed,unexpected difficulties may be
inevitable, and you must resolve them.
• RESTORATION OF AREAS DAMAGED BY SEDIMENT: You will be required to
restore waters and land affected if you fail to prevent sediment damage resulting from
this activity. This is in addition to any other penalty or injunctive relief.
• CHANGES TO THE PLANS OR IN OWNERSHIP: If significant changes are required
to the approved plan, then you must have your designer make revisions and submit
copies to the Division upon request. If the site plan is revised in any way that affects
erosion and sediment control,you must inform us and submit revised plans.If ownership
of this project changes and responsibility is transferred to another person,you or the new
owner must inform us in writing with pertinent information such as contact name,
address, telephone and fax numbers. Otherwise, Chick-fil-A, Inc. will be considered
responsible.If you did not supply this office with the names and addresses of all members
of your partnership you are responsible for supplying them with copies of this letter and
any other correspondence from this office related to this project. "For land-disturbing
activities on a single-family residential lot involving new construction with land
disturbance of less than one acre where the builder or developer is the owner of
the lot being developed and the person financially responsible for the land-
disturbing activity, the financial responsibility for land-disturbing activity on that
lot transfers to the new owner upon the builder's or developer's conveyance of the
lot to the new owner, recording of the deed in the office of the register of deeds,
and notification to the office or local program that approved the erosion control
plan."
• COMPLETION OF DISTURBANCE IN AS SHORT A TIME AS POSSIBLE: Sediment-
trapping devices are not 100% effective in removing soil particles from runoff. Therefore,
the Ordinance requires that all land-disturbing activities be planned and conducted to
limit exposure to the shortest feasible time. To accomplish this requirement construction
must be continuous and uninterrupted until completion and permanent stabilization. If
construction is interrupted or delayed or the project is abandoned, the site must be
stabilized with adequate ground cover.
• PROVIDE YOUR CONTRACTORS WITH A COPY OF THE APPROVED PLAN:
Make sure your contractor has a copy of the approved erosion control plan, has
considered it in their bid,and is prepared to proactively implement the plan. If phases of
the plan will be conducted by different subcontractors,Chick-fil-A,Inc.must ensure that
their efforts are coordinated so that the approved plan is followed. For example: if the
clearing and installation of the sediment trapping devices will be done by different
contractors, the clearing must not get ahead of construction of the devices. As stated in
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Conditions of Approval
Revised 8/06/14
the approved plan,the initial clearing must be limited to only that area necessary to gain
access to and install the erosion and sediment control devices.
• COORDINATION BETWEEN CONTRACTORS AND SUBCONTRACTORS: You
must ensure that sediment and erosion control is coordinated during timbering,clearing,
grading, and construction so that controls and devices are maintained and not removed
or damaged. If this site is subject to NCG010000, you must adhere to all applicable
requirements of that NPDES permit. More on NCG010000 requirements are mentioned
below.
• KEEP A COPY OF THE APPROVED PLAN ON THE SITE: The plan must be available
to the contractor and inspection personnel. Failure to do so is a violation.
• DISPOSAL OF CLEARING AND DEMOLITION DEBRIS AND CONSTRUCTION
WASTE: All debris and waste resulting from development of the site (stumps, brush,
demolished structures, construction waste, etc.) must be properly disposed of in
accordance with local and State regulations. Open burning of trees, limbs, stumps, and
construction debris is prohibited. Concrete, stumps and other clearing debris and
construction waste must be carried to appropriately permitted landfills.
• SITE INSPECTIONS: The Ordinance authorizes Erosion Control personnel to enter the
site for the purpose of investigation and inspection. Erosion Control personnel will
periodically inspect the site to determine if the approved plan is being implemented and
if it is successful. If problems or violations are found, the Erosion Control personnel will
attempt to contact site personnel to discuss with them and arrange corrections within a
specified time.Also,a written site inspection report will be left with site personnel,in the
mailbox on-site, or transmitted in another manner. If you, or your contractor, have
questions about the inspection report,contact the Erosion Control personnel immediately
-do not wait until the deadline to start asking questions.
• COMMUNICATIONS: In addition to leaving inspection reports on-site, a copy will be
mailed and/or faxed to Chick-fil-A,Inc..As the entity responsible for the land-disturbing
activity, you should ensure compliance with the approved erosion control plan and see
that your contractor corrects violations by the given deadline. Erosion Control personnel
are generally in their offices and available by phone between 8:00 and 9:00 a.m. and 4:30
and 5:00 p.m., and have mobile phones as well. Feel free to contact them with any
questions or concerns.
• PERSONNEL, EQUIPMENT, AND MATERIALS MUST BE AVAILABLE FOR
MAINTENANCE AND REPAIRS AT ALL TIMES: Maintenance is a critical element of
the erosion control plan needed to ensure that devices continue to operate effectively.You
must be prepared to work on the devices when the need arises. In order to do this, you
may consider stockpiling certain materials such as stone, sediment fence and wire, etc.
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Conditions of Approval
Revised 8/06/14
• PREPARING FOR WORK: Before beginning the project, be certain that all necessary
materials, such as skimmers, riser structures, pipes, etc., are available and ready for
delivery or already on site.
• ENFORCEMENT ACTIONS: If there is inadequate response to a verbal request or
Notice of Violation, or you fail to properly implement the approved plan, enforcement
action will be taken against the Chick-fil-A,Inc.to bring the site into compliance.Actions
may include:
Stop Work Orders: All work not directly related to erosion and sediment control and
bringing the site into compliance, including building construction, must cease until
the site is brought into compliance.
Revocation of the Land-disturbing Permit: All work not directly related to erosion
and sediment control and bringing the site into compliance, including building and
home construction, must cease until the site is brought into compliance and another
permit is issued.
Fines: Up to$5000 per day may be assessed.Fines are the responsibility of Chick-fil-
A,Inc.,not your contractor.
Injunctive Relief: Legal action will be initiated in Superior Court to restrain the
violation and bring the site into compliance.
• STABILIZATION: Disturbed areas must be stabilized within 7 or 14 calendar days of
termination / completion of any phase of grading per the following guidelines by a
temporary/ permanent ground cover sufficient to restrain erosion.
Perimeter dikes, swales, ditches,and slopes-7 days
High Quality Water Zones- 7 days
Slopes 2:1 or steeper- 7 days
Slopes between 2:1 and 3:1 greater than 10' in length-7 days
Slopes between 2:1 and 3:1 less than 10' in length- 14 days
Slopes between 3:1 and 4:1 less than 50' in length- 14 days
Slopes between 3:1 and 4:1 greater than 50' in length-7 days
Slopes flatter than 4:1 -14 days
As long as grading is not suspended more than the specified time period, the disturbed
areas do not have to be stabilized until final grade is reached.However,if work is delayed
or suspended for more than the specified time period and you are given a written notice
to stabilize it,grading the area again does not allow you to disregard the notice.If an area
is to be worked again, it must be graded and stabilized by the given deadline. When
construction is completed,all disturbed areas must have a permanent,stabilizing ground
cover applied within the specified time period.
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Conditions of Approval
Revised 8/06/14
The intent of this requirement is to limit erosion by completing the disturbance and
stabilizing disturbed areas in as short a time as possible. To avoid stabilizing the same
area several times,schedule work so that grading and other construction are coordinated.
When a particular area is finished,permanently stabilize it immediately instead of waiting
until the end of the project to stabilize the entire site at once.
• SUCCESS OF PERMANENT MEASURES: These measures (vegetation, other types of
stabilization, channel linings, energy dissipaters, etc.) must be successful in restraining
erosion. For example: If an annual plant (such as annual ryegrass) is used instead of a
perennial for permanent stabilization, it is the responsibility of the owner to reseed and
establish a permanent vegetative cover when the annual fails after one season. If
vegetation in a ditch or channel fails to survive and establish a permanent cover so that
erosion is restrained, then some other type of lining, such as matting or stone, must be
provided by the owner.
• MAINTENANCE OF PERMANENT MEASURES: Maintenance is the responsibility of
the owner except those measures in a street or utility right-of-way accepted by a
government agency.
• APPEALS: You have the right to appeal the following: disapproval of the erosion control
plan; modifications to the erosion control plan; any conditions of approval; and
enforcement actions. Procedures are outlined in Section 2.26 of the Ordinance. Hearings
are conducted by the North Carolina Office of Administrative Hearings.
• NCG010000: As of April 1, 2019, all new construction activities are required to complete
and submit an electronic Notice of Intent (NOI)form requesting a Certificate of Coverage
(COC) under the NCG010000 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 Annette Lucas at [e-mail] or 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 NCG01 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:
1. The approved E&SC plan as well as any approved deviation.
2. The NCG01 permit and the COC, once it is received.
3. Records of inspections made during the previous 30 days.
Conditions of Approval Particular to this Site
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Conditions of Approval
Revised 8/06/14
Several conditions specific to this project must be met as conditions of approval for the erosion
control plan,before any work may begin. These are discussed below.
1. BEFORE any land-disturbing activity can begin you must acknowledge in writing that
you have read this letter,understand its requirements and implications,and are prepared
to ensure that you,your contractors,agents,etc.will observe these requirements. A letter
of acknowledgment is included.
2. This approval is based upon plan dated (8-29-23),which indicates a maximum disturbed
area of(1.53)Acres.
3. A required silt fence inspection is to be scheduled after the silt fence and outlets are
installed. This required inspection must pass before any additional work can occur on-
site. Please contact Kenny Owens at (919) 245-2584 to schedule any of the on-site
inspections.
4. Contact Kenny Owens at [phone] to schedule the pre-construction conference.
Typical attendees are the Owner and/or Representatives, Erosion Control Design
Engineer,General Contractor and Grading Contractor.
We look forward to working with you toward the successful completion of this project. If you
have questions about this letter or project,do not hesitate to contact Erosion Control personnel at
the telephone number in the letterhead.
Failure to appeal these conditions in writing within 15 days after receipt of this letter,or initiation
of land-disturbing activity, signifies your acceptance of these conditions of approval of the
erosion control plan and your intention to observe and implement the conditions.
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Conditions of Approval
Revised 8/06/14
Letter of Acknowledgement
Engineering/ Erosion Control/ Stormwater Division
Orange County Planning and Inspections
Post Office Box 8181
Hillsborough,NC 27278
Re: Acknowledgment of Receipt and Reading of Letter of Erosion Control Plan Approval for:
Project Name: Chick-fil-A Chapel Hill University Place
Permit Number: LDP23-0033
Parcel Number: 9799220641
To whom it may concern:
I, a person with authority to execute instruments for Chick-fil-A Chapel Hill University Place,
acknowledge that I have received this letter and the Conditions of Approval attachment, have
read them,understand the requirements,and am prepared to ensure that my contractors,agents,
etc. will observe these requirements and the approved erosion control plan. I also acknowledge
that I am ultimately responsible for compliance with the approved erosion control plan and the
Ordinance,and for ensuring that the plan is successfully implemented.
Please note that this site may have additional requirements regarding stormwater runoff during
construction as noted below:
Signature Date
Please Print Name and Title Legibly
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