NCC222320_ESC Approval Submitted_20220624

Engineering Services Department
Trevor Spencer, P.E.
DIRECTOR
NORTH CAROLINNS INTERNATIONAL CITY —
June 21, 2022
Current Owner/Financially Responsible Par
Pulte Home Company, LLC
1225 Crescent Green Drive
STE 250
Cary, NC 27518
Previous Property Owner (via email)
RS Parker Homes, LLC
PO Box 5967
High Point, NC 27262
Previous Mailing Address
RS Parker Homes, LLC
502 Hickory Ridge Road
Greensboro, NC 27409
RE: TRANSFER APPROVAL of EROSION and SEDIMENTATION CONTROL PLAN
Project: Falls Groves Subdivision
Location: at/near 955 Horneytown, High Point, NC 27265
Land -Disturbing Permit # EN 22 0085 2430 (Pulte Home Company, LLC) from
EN 20 0223 2325 (RS Parker Homes, LLC)
Dear Sir or Madame:
As per your request, the Engineering Services Department has completed the review process of
the package you submitted in regard to the transfer of the RS Parker Homes, LLC Soil Erosion
and Sedimentation Control Plan for individual lots located within the Falls Grove Subdivision
to Pulte Home Company, LLC. As conditions set forth in NC GS 113A-54.1, as the lots are
conveyed to Pulte Home Company, LLC, the Erosion Control measures for individual lots
indicated in the building phase section of the approved Erosion and Sediment Control Plan (EN
20 0223 2325 - RS Parker Homes, LLC) will transfer along with the conveyance.
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Conditions of the transfer are:
• Pulte Home Company, LLC, shall hold title to the property on which the permitted
activity is occurring or will occur.
• Pulte Home Company, LLC, is the sole claimant of the right to engage in the permitted
activity.
• There will be no substantial change in the permitted activity.
• The plan holder shall comply with all terms and conditions of the plan until such time as
the plan is transferred.
• Pulte Home Company, LLC, shall comply with all terms and conditions of the plan
once the plan has been transferred.
• Notwithstanding changes to law made after the original issuance of the plan, the
Department may not impose new or different terms and conditions in the plan without the
prior express consent of Pulte Home Company, LLC.
• Nothing in this subsection shall prevent the Commission from requiring a revised plan
pursuant to G.S. 11 3A-54.1 (b).
The transferred plan specifically cover the Erosion and Sediment Control Measures
required for activities associated with the Building Phase.
If a different identity executes the activities associated with the Building Phase, this approved
Erosion and Sediment Control Plan (E&SCP) may be transferred to the firm/person executing
the Building Phase. Prior to transferring the plan, written authorization and a Financial
Responsibility Form must be submitted to our office for review. The terms and conditions of the
approved plan shall remain in place unless otherwise noted.
The Erosion Control Measures shown on the plan(s) are approximate and some field adjustment
may be required to make the measures work correctly.
An Erosion Control Financial Guarantee (Surety) is required to be submitted prior to any Land -
Disturbing activities. This refundable guarantee shall remain in force until the work is completed
in accordance with the Land -Disturbance Permit and the work is approved by the Engineering
Services Director. The amount of the guarantee required is $4000.00 for an estimated 4 acres of
disturbance and can be in the form of a Check, Irrevocable Letter of Credit, Equivalent Security
or Surety Bond. The Check, Irrevocable Letter of Credit or Equivalent Security can be deposited
with the City or held in escrow with a Financial Institution as per Section 7.2.2 — Performance
Guarantee of the City of High Point Development Ordinance. Surety bonds will be held by the
city until released.
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
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representative of the Commission or any representative of a local government who
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. I 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 Permit, 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/NCGOI 0 Permit (Readily
available electronic copy of NPDES/NCGO 10 Permit is acceptable) , and a copy of the
Certificate of Coverage (COC).
• Per G.S. 113A-54.1.(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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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. 113 A-6 1.1 (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:
* Addition of E&SC measures (e.g., silt fence, inlet protection, check dam, rolled
erosion control practices, etc.).
* 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. 113A-
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 Pen -nit which refers to
Ground Stabilization Timelines in Table 3 are different from G.S. I I 3A-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 NC GO 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 1.
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
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violation of the approved Erosion and Sediment Control Plan.
o Any proposed temporary removal of an Erosion Control Measure in order to
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 be the removal of water bars, berms, etc., in a road/street under
construction so that new/additional 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 13B). 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.
• All applicable fees must be paid prior to the issuance of the Land -Disturbing Permit.
When you are ready for the Land -Disturbing Permit to be issued, please notify my office to
arrange for a pre -construction meeting.
Site Data:
Project Name: Falls Groves Subdivision
Land -Disturbing Permit (Project ID): EN 22 0085 2430
Limits of Disturbance (in acres) approved: 2 acres
Address: at/near: 955 Horneytown Road
City: High Point
State: NC
Zip Code: 27265
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County: Davidson
Latitude (in decimal degrees): 36.002 degrees*
Longitude (in decimal degrees):-80.057 degrees*
River Basin: Yakin Pee Dee **
Receiving Water -Body: Rich Fork
Stream Index: 12-119-7a
Draft E&SCP submitted by: Jamestown Engineering Group, 117 East Main Street,
Jamestown, NC 27282
Date(s) draft E&SCP Received: November 23, 2020
Plan Type: E&SCP
Is this site part of a project covered under a common plan of development: Yes
Site Plan: EN 20 0223 2325 approved December 17, 2020 issued December 29, 2020
(Active)
* at/near Construction Entrance
** Information shown on NC Surface Water Classifications Map. Please confirm prior
to any submittal.
Additional Information:
Important Notice:
You will be required to submit for an electronic Notice of Intent (NOI) form requesting a
Certificate of Coverage (COC) under the NCGO 10000 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
Upon completion of project, the Financial Responsibility Person shall request a close-out
inspection by CHP Staff. Once the report is obtained from CHP Staff, an electronic Notice of
Termination (e-NOT) with a copy of the closeout inspection must be uploaded to DEMLR. The
e-NOT is available at https://deq.nc.gov/NCGO1. DEMLR will email confirmation of the close-
out of the COC within three (3) business days after the submittal of a complete and correct e-
NOT.
Information on the NCGO10/NPDES Permit, e-NOI, COC, and e-NOT, can be found at the
following link https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-
land permits/stormwater-permits/construction-sw
The NCGO10/NPDES permittee must comply with all conditions of the NCGO10 Permit. Any
noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for
enforcement action: for permit termination, revocation, or modification: or denial of a permit
upon renewal application. [40 CFR 122.41].
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Please call me if you have any questions or comments.
Sincerely,
go 'w
Scott E. Ford
Engineering Services Department
[phone]
cc: File
attachment: n/a
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