HomeMy WebLinkAboutNCC222245_ESC Approval Submitted_20220620Trevor Spencer, P.E.
DIRECTOR
June 9, 2022
� �► J � OW .
NORTI-i CAROLINNS INTERNATIONAL CITT m
Owner/Financial Responsible Party
Land Acquisition and Development Services, LLC
PO Box 9147
Greensboro, NC 27429
RE: CONDITIONAL EROSION and SEDIMENTATION CONTROL PLAN APPROVAL
Project: Canter Creek Subdivision
Location: 1613 West Lexington Avenue, High Point, NC 27262
Land Disturbing Permit: 4 EN 22 0126 2430
Dear Sir or Madame:
The Engineering Services Department has completed the review process for the revised Soil
Erosion Sedimentation Control Plan submitted to our department on May 17, 2022, for the
project referenced above. Based on our review, the plan is hereby conditionally approved.
This conditionally approved plan will specifically cover the Erosion and Sediment Control
Measures required for both the Grading Phase and the Building Phase for the disturbed area(s)
proposed under Plan DU-22-0015 and the parcel identified in the Davidson County Register of
Deeds Book 2498 on Page(s) 1392-1395. No approval for any off -site disturbance or use of
access/egress points from surrounding property has been granted by this approval with the
exception of entry from Lexington Avenue — State Road 1755.
If a different identity (from the Grading Phase) executes the Building Phase, this approved
Erosion and Sediment Control Plan (E&SCP) may be transferred to the firm/person executing
the Building Phase.
The Erosion Control Measures shown on the plan(s) are approximate. Some field adjustment
may be required to make the measures work correctly.
This letter will serve notice that:
• As per NCGS 15A NCAC 04B .0120 (b) and (c), INSPECTIONS AND
INVESTIGATIONS, this letter shall serve as notice that inspection of sites shall be
carried out by the staff of Department of Environmental Quality or other qualified
persons authorized by the Commission or Department of Environmental as necessary to
carry out its duties under the Act and no person shall refuse entry or access to any
representative of the Commission or any representative of a local government who
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax:336.883.4118 Phone:336.883.3194 TDD:336.883.8517
requests entry for purposes of inspection.
• Any amount of visual off -site sedimentation - the process by which sediment resulting
from accelerated erosion has been or is being transported off the site (land area under
responsible control of person or party conducting land -disturbing activities) of the land -
disturbing activities, or into a lake, natural watercourse, riparian buffer or wetland or
noted violation(s) of the conditions set forth in the approved plan will necessitate a
Notice of Violation (NOV) and/or a Stop Work Order being issued. If compliance is not
achieved within the allotted time set forth in the NOV, fines can be assessed and a
demand for payment can be imposed as per City of High Point Development Ordinance —
Chapter 9. Stipulations of a Stop Work Order will be imposed as outlined in the City of
High Point Development Ordinance — Chapter 9. In addition to the Notice of Violation
and/or Stop Work Order, any additional enforcement remedies and/or penalties outlined
in the Sedimentation Pollution Control Act of 1973 or the current City of High Point
Development Ordinance — Chapter 9, may be used in obtaining compliance.
• As per High Point Development Ordinance 2.5.10.G.1 and 2, the Land -Disturbing Permit
will become null and void one (1) year from the date of issuance. You may request in
writing, 180-day permit extension 30 days prior to the expiration date, for good cause.
• The approval of the draft Erosion and Sediment Control Plan and the Land Disturbing
Permit issued by the City of High Point is conditional based on the applicant's
compliance with Federal and State water quality laws, regulations, and rules.
• The approval of the draft Erosion and Sediment Control Plan is based in part on the
accuracy of the information provided on the submitted Financial Responsibility Form. If
any changes to the submitted Financial Responsibility Form (e.g., ownership, address,
company name, North Carolina Agent, etc.) occur, then you are required to submit an
amended form showing such changes.
• The approval of the draft Erosion and Sediment Control Plan does not supersede any
other permit or approval.
• This Letter of Approval must be posted at the site of the land disturbing activity along
with the Land -Disturbing Pen -nit, the approved Erosion and Sediment Control Plan,
DEMLR Monitoring Form (i.e., Self -Inspection Records for Land -Disturbing Activities
per GS 113A-54.1 and Inspection and Monitoring Records for Activities under
Stormwater General Permit NCGO 10), a copy of the NPDES/NCGO 10 Permit (Readily
available electronic copy of NPDES/NCGO 10 Permit is acceptable) , and a copy of the
Certificate of Coverage (COC). Also, copies of the Canter Creek Subdivision 401 Water
Quality Certification Approval Letter (Signed) and Plan, and the US Army Corps of
Engineers Nationwide Permit 29 — Residential Permit (Signed) and Plan must be kept on
site.
• Per G. S. I I 3A-54. L(e), The landowner, the financially responsible party, or the
landowner's or the financially responsible party's agent shall perform an inspection of the
area covered by the plan after each phase of the plan has been completed and after
establishment of temporary ground cover in accordance with G.S. 113A-57(2) - the angle
for graded slopes and fills shall be no greater than the angle that can be retained by
vegetative cover or other adequate erosion -control devices or structures. In any event,
slopes left exposed will, within 21 calendar days of completion of any phase of grading,
be planted or otherwise provided with temporary or permanent ground cover, devices, or
structures sufficient to restrain erosion. The record of inspection, also known as the
DEMLR Monitoring Form, shall set out any significant deviation from the approved
erosion control plan, identify any measures that may be required to correct the deviation,
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City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517
and document the completion of those measures. This record shall be maintained until
permanent ground cover has been established as required by the approved erosion and
sedimentation control plan. The record of inspections is required by this subsection shall
be in addition to inspections required by G.S. 113A-61.1 (NOV). Please note that
Records of Inspections in respect to the NCGO 10000 Construction Stormwater General
Permit from the Department of Environmental Quality (DEQ), must be kept on site for
twelve (12) months. All data used to complete the e-NOI and all Inspection Records must
be maintained for a period of three (3) years and available upon request (40 CFR 122.41).
• Modifications to the approved Erosion and Sediment Control Plan that require changes to
the Erosion and Sediment Control Plan shall be approved by the Erosion and Sediment
Control Plan Authority prior to modification. Minor adjustments/deviation(s) from the
approved Erosion and Sediment Control Plan to address minor deficiencies can be
approved by the Erosion and Sediment Control Plan Authority. Deviations are limited to
the following deficiencies:
o Addition of E&SC measures (e.g., silt fence, inlet protection, check dam, rolled
erosion control practices, etc.).
o Relocation of E&SC Measures that improve the overall stormwater and sediment
control.
• Erosion Control Measures must be maintained until site is stabilized with sufficient
ground cover:
o "The establishment of temporary ground cover in accordance with G.S. 113 A-
57(2), ... slopes left exposed will, within 21 calendar days of completion of any
phase of grading, be planted or otherwise provided with temporary or permanent
ground cover, devices, or structures sufficient to restrain erosion. Stabilization by
temporary ground cover is recognized as being achieved with the establishment of
a uniform and evenly distributed (no large, denuded areas) ground cover with a
cover density of at least 80%. Please note that the requirement of Part 11 Section E
(1) of the NCGO 10000 Construction Stormwater General Permit which refers to
Ground Stabilization Timelines in Table 3 are different from G.S. 113A-57(2). As
noted in 15A NCAC 04B .0 107, it is the responsibility of the person conducting
the land -disturbing activity to ensure compliance with the NCGO 1.
o Permanent ground cover sufficient to restrain erosion after completion of
construction or development shall be accomplished within 90 calendar days (15A
NCAC 04B .0107) as specified by rule of the Commission. Stabilization by
permanent ground cover is recognized as being achieved with the establishment
of a uniform and evenly distributed (no large, denuded areas) ground cover with a
cover density of at least 80%. Please note that this is also a requirement of Part 11
Section E (2) of the NCGO 10000 Construction Stormwater General Permit.
o The requirements in NCGO I for temporary or permanent ground cover may differ
from the ground cover, or stabilization, requirements as specified by rule of the
Commission. Per 15A NCAC 04B .0 107, it is the responsibility of the person
conducting the land -disturbing activity to ensure compliance with the NCGO I.
• A condition of this approval is that the permittee will maintain close contact with the
Erosion Control Inspector. It is the responsibility of the person conducting the land -
disturbing activity to inform the Erosion Control Inspector of :
o Any site -specific conditions that would lead to a site being in non-compliance or
violation of the approved Erosion and Sediment Control Plan.
o Any proposed temporary removal of an Erosion Control Measure in order to
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517
disturbed, install, construct, build, grade repair, etc. , an area where the measure is
in conflict with proposed grading/building activities. An example of a temporary
removal would he the removal of water bars, berms, etc., in a roadlstreet under
construction so that newladditional grading can be performed in the immediate
area of the measure being temporarily removed. Any temporarily removed
measure must be re -installed prior to a rain event, completion of the activity
which necessitated the temporary removal of the measure(s), or prior to the end of
the workday.
o Any "upset" of the Erosion and Sediment Control Measures required by the
approved Erosion and Sediment Control Measures.
o Any planned or accidental "Draw Down" of Sediment Basins for maintenance or
close out.
• The Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66) is
performance -oriented, requiring protection of existing natural resources and adjoining
properties. If following the commencement of this project, the approved E&SCP is found
to be inadequate to meet the requirements of the Sedimentation Pollution Control Act of
1973, revisions to the plan may be required by the Erosion Control Inspector.
• Construction site pollutants must be maintained on -site and not allowed to reach the
state's waters. Any spent fluids from construction traffic must be cleaned up and disposed
of properly. Any herbicide, pesticide and fertilizer must be used in accordance with the
label restrictions. All wastes composed of building materials shall be disposed of in
accordance with North Carolina General Statues, Chapter 130 A, Article 9 — Solid Waste
Management, and rules governing the disposal of solid waste (NC Administrative Code
Section 15A NCAC 1313). No dumping of paint and other liquid building material waste
in storm drains. Concrete materials onsite, including excess concrete, must be controlled,
and managed to avoid contact with surface waters, wetlands, or buffers. No concrete
slurry shall be discharged from the site.
• Erosion Control Measures to prevent construction traffic from tracking sediment onto the
streets must be provided and maintained. Any debris or sediment shall be cleaned from
the street surface immediately.
• Conditions set forth by the Canter Creek Subdivision 401 Water Quality Certification
Approval Letter and the US Army Corps of Engineers Nationwide Permit 29 —
Residential Permit will be considered part of the required Erosion and Sediment
Measures and Practices.
Site Data:
Project Name: Canter Creek Subdivision
Land -Disturbing Permit (CHP Project Tracking ID): # EN 22 0126 2440
Limits of Disturbance (in acres) approved: 15 acre(s) per FR/OF
Address: at/near 1613 West Lexington Avenue
City: High Point
State: NC
Zip Code: 27262
County: Davidson
Latitude (in decimal degrees): 35.9691304 degrees
Longitude (in decimal degrees): -80.0519482 degrees
River Basin: Yakin Pee -Dee**
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City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax: 336.883.4118 Phone: 336.883.3194 TDD: 336.883.8517
Receiving Waterbody: Payne Creek **
Stream Index: 12-119-7-1**
Draft E&SCP submitted by: Borum-Wade and Associates, PA, 621 Eugene Court, Suite
100, Greensboro, NC 27401
Date(s) draft E&SCP Received: May 17, 2022
Plan Type: E&SCP
Is this site part of a project covered under a common plan of development: No. New site.
* at/near Construction Entrance
** Information shown on NC Surface Water Classifications Map. Please confirm prior
to any submittal.
Additional Information:
You will be required to submit for an electronic Notice of Intent (NOI) form requesting a
Certificate of Coverage (COC) under the NCG010000 Construction Stormwater General Permit
from the Department of Environmental Quality (DEQ). Detailed information can be found on the
North Carolina Environmental Quality's website at https:Hdeg.nc.gov/about/divisions/energy_
mineral-land-resources/energy-mineral-land-permits/stormwater-permits/construction-sw
Please call me if you have any questions or comments.
Sincerely,
� w 1
Scott E. Ford
Engineering Services Department
(336) 883-3197
cc: File
James McGinley, PE, c/o Borum-Wade and Associates, PA, 621 Eugene Court, Suite 100,
Greensboro, NC 27401 (via email)
Gene Mustin, PE, c/o Borum-Wade, 621 Eugene Court, Suite 100, Greensboro, NC 27401
(via email)
City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261 USA
Fax:336.883.4118 Phone:336.883.3194 TDD:336.883.8517