20200330 Ver 1_S&EC NOV_20200904

Engineering Services Department
Terry Kuneff, P.E.
INTERIM DIRECTOR
September 4, 2020
Owner/Financially Responsible Party
Windsor Investments, LLC
5603 New Garden Village Drive
Greensboro, NC 27410
RE: NOTICE OF VIOLATION
AX
NORTH CAROLINNS INTERNATIONAL CITY"'`
Project: Willard Place S/D
Location: 4355 & 4361 Barrow Road, High Point, NC
Land Disturbing Permit # EN-20-0013
Dear Sir or Madame:
On August 27th, 2020, staff from the Engineering Services Department conducted an inspection
at your project ("Site") located at 4355 & 4361 Barrow Road 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:
1) Failure to Protect: Failure to take all reasonable measures to protect public property or
private property, including lakes and/or natural water sources, from damage caused by
land -disturbing activities. City of High Point Development Ordinance Section 9.9.6.B.2.
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 Install Devices: Failure, when more than one acre is disturbed, to install soil
erosion and sedimentation control devices sufficient to retain the sediment generated by
the land -disturbing activity within the boundaries of the tract(s) and prevent off -site
sedimentation. City of High Point Development Ordinance Section 9.9.6.B.4
4) 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.-
5) 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 enough to restrain erosion. City of High Point
Development Ordinance Section 9.9.6.B.8.
To bring the Site into compliance with Section 6.3 of the Ordinance, the following corrections to
the site must be completed within the specified time:

Off -site sedimentation has occurred in the following locations:
• The Perennial Stream located on the western of the site.
• The Intermittent Stream located on the southern of the site.
• The Wetlands located on the southern side of the site.
o The downstream areas located below the Skimmer Basin's discharge pipe.
Clean up of off -site sediment will be required. Remove and restore areas except
wetlands, streams and property owned by others, affected by failure of the erosion
control measures. The process and amount of the sediment removal and
restoration of the wetlands, the streams and the property owned by others, will be
determined later.
2. Off -site sedimentation has occurred because of-
o Failure to install swales, berms, etc. to direct run-off to Skimmer Basin #1
as per approved plan. The approved plan has swales/berms which would
channel the calculated amount of run-off to the skimmer basin. Install and
maintain the diverting berm/swales.
• Diverting run-off to measures incapable of properly handling the volume.
Run-off in areas has been purposely directed to by-pass Skimmer Basin #1
and other measures. A channel located near an existing pipe in the stream
has been excavated to by-pass run-off that should have been directed to
the skimmer basin. Ensure Run-off is directed to the proper measures.
Any diversion or deviation must be approved prior to the re -direction
and properly sized measures must be also provided.
• Failure to maintain Silt Fence. The silt fence located at the Sycamore
Point Trail crossing has failed due to sediment build up, receiving
drainage area greater than the maximum of, 25 acres per 100-feet of Silt
Fence, and exceeding the maximum depth of 1. 5jeet of storage. The Silt
Fence protecting the Intermittent Stream and the Perennial Stream has
failed Repair Silt Fence and ensure that maintenance of measures is
performed. Installing berms and swales as indicated on approved
plans will prevent Silt Fence from receiving greater amounts of
drainage areas than what it is designed for.
• Follow approved Erosion and Sedimentation Control Plan. It was noted in
the Blue Stream Environmental Report, that diversions were made to
direct run-off "towards the silt fence " until the Berm 41 was installed. As
per the conditions of the Letter of Approval and NCGOI (NPDES) Permit,
only minor deviations from the approved plan can be approved by the
Erosion Control Inspector (CoHP) prior to addressing deficiencies. These
deviations are limited to. -
Addition of Erosion and Sediment Control Measures.
Relocation of Erosion and Sediment Control Measures that
improve the overall stormwater and sediment Control.
The temporary diversion of run-off from Berm#] to the Silt Fence
overwhelmed the stone outlet in the Silt Fence and also the Silt Fence.
This result of this was off site sedimentation. Follow the conditions of the
Letter of Approval and the Approved Plans.
3. Skimmer Basin #1 not functioning. During the inspection, it was Skimmer
2

Basing] was found to not be functioning. Specifically, there was no flow through
the skimmer device. The Skimmer Basin has been built to the dimensions of the
Water Quality Device and therefore the different designed depths have caused the
Skimmer Basin not to function properly. The stone energy dissipater located at
the end of the pond's discharge pipe has stone only on the sides and not in the
direct path of the discharge. Ensure that the device is properly working, and
the basin is installed as per the Skimmer Basin requirements. Install the rip -
rap apron at the end of the basin's discharge pipe as per approved plans.
4. Areas indicated on Approved Plan marked as "Undisturbed" were disturbed.
Revise the approved plans to show this area as part of the disturbance and
revise the Skimmer Basin calculations to show this as disturbed area
draining to basin, ensure that receiving sediment basin will have the correct
storage and surface area.
5. Provide 2roundcover as per the Ground Stabilization Schedule found on the
Approved Plans.
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 and/or financially responsible party 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 ten
(10) 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 Quality
as required.
Please note that if you have not been assessed a civil penalty under GS § I 13A-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
3

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://library.municode.com/nc/high point/codes/development ordinance?nodeld=CITY HIGH
POINT DEVELOPMENT ORDINANCE. Copies of the relevant ordinance and regulations
will be sent to you upon request.
Please notify my office 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:
• You are required to be permitted under NC General Permit Number NCGO 1 in
order to discharge stormwater to the surface waters defined under the National
Pollutant Discharge Elimination System (NPDES). Conditions of both the NCGO1
and E&SC Plan shall be followed until the completion of the construction activity
and establishment of permanent ground stabilization.
• At the time of the inspection, there were no record of the Certificate of Coverage
Permit being obtained. In the Letter of Approval, you were directed to submit for
a Certificate of Coverage. Obtaining the Certificate of Coverage is required prior
to any disturbance. Enforcement of the conditions of the Certificate of Coverage
is by the North Carolina Department of Environmental Quality. A copy of this
Notice of Violation will be sent to the Regional DEQ Office as required by
General Statue.
• Provide the Self -Inspection Records for review by our office.
The specific areas mentioned above are not the only areas that require corrective action. Please
inspect your site and correct any other erosion control issue that may have been missed.
Pease call me if you have any questions, comments, or to schedule an on -site meeting to discuss
the violations.
SiVlehoVu
Si
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
(via email)
Sue Homewood, c/o Division of Water Resources, NC Department of Environmental
Quality, 450 West Hanes Mill Road, Suite 300, Winston Salem, NC 27105 (via email)
0

Attachments: Photos taken during on -site inspection.

7