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HomeMy WebLinkAboutNCC223478_FRO Submitted_20221007ORANGE COUNTY ORANGE COUNTY PLANNING AND INSPECTIONS EROSION CONTROL AND STORMWATER DIVISION APPLICATION EROSION CONTROL PLAN LAND DISTRUBING PERMIT (LDP) Mb STORMWATER MANAGEMENT PLAN (SMP) 131 W. Margaret Lane - Post Office Box 8181 Hillsborough, NC 27278 (919)245-2575 httDS://www.oranuecountvne._ov/1302/Erosion-Control-Stormwater I. Name of Project: Tupelo Junction Lots for Garman Homes 2. Parcel Identification Number (PIN): 9825-49-8941 3. Size of Tract: 95.45 acres; Area Disturbed: 3.72 4. Fees: Erosion Control Plan Review N/A Required with Application Land Disturbing Permit N/A Optional with Initial Application Stormwater Management Plan Review Orange County Planning Jurisdiction Only N/A Required with Application Total S N/A Planning Jurisdiction: Mebane acres FOR OFFICE USE ONLY Date Paid Receipt 4 Date Paid Receipt # Date Paid 5. Approximate Date Land Disturbance Will Begin: 8/29/2022 6. Landowner(s) of Record: (Use additional pages if necessary and attach to application) Lebanon Road 3, LLC Name Name Same As Mailing Address Below Street Address 320 Executive Court Current Mailing Address Hillsborough NC 27278 City State Zip 919-732-5055 Telephone Fax james.parker@summitde.com Email Address Street Address Current Mailing Address city Telephone Email Address Receipt # State Zip Fax Page 1 Future Landowners (if applicable): (Use additional pages if necessary and attach to application) Company / Organization Company / Organization Contact Contact Street Address Current Mailing Address Street Address Current Mailing Address City State Zip City State Zip Telephone Telephone e-mail e-mail 7. Person(s) or Firm(s) Financially Responsible for this Land Disturbing Activity: Company / Organization: Company / Organization: Garman Homes, LLC - Contact: Dan Rosati Contact Contact Same as Mailing Address Below Street Address Street Address 3725 Stonegate Drive Current Mailing Address Current Mailing Address Durham NC 27705 City State Zip City State Zip 919-621-1635 Telephone Telephone dan@garmanhomes.com e-mail e-mail 8. Registered Agent (if any) for the Person(s) or Firm(s) Financially Responsible: (NOTE: a North Carolina agent is required if the applicant is not a resident of North Carolina) Name City State Zip Street Address Telephone Current Mailing Address Email Page 2 9. Project Description: Garman Homes will build homes upon lots 1-20 in Phase 1 of Tupelo Junction in Cheeks Township, NC Page 3 10. Plans Prepared By: McKim & Creed Name of Person or Final 1730 Varsity Drive, Suite 500 Mailing Address Raleigh NC 27606 City State Zip Adam Freeman Contact Person afreeman@mckimcreed.com Email 919-233-8091 Telephone 11. Signature and Witness: the above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. Dan Rosati igna ure of Financially Responsible Type or Print Name Legibly Director of Production Vi Title or Authority Date 1, �yt,� -ID- uj 1 `� F �� a Notary Public of the County of hereby certify that personally before me this day and under oath acknowledged that this Application for Erosion Control Plan Approval, Stormwater Management Plan Approval and Land Disturbing Permit / Statement of Ownership and Financial Responsibility was executed by him or her. Witness my hand and notarial seal, this -7�,— Day of Ant , `1� Zy W r! i x:htiy Signature of Notary Z1"11 IAMSICL:W:j rch 18, 2025 3-1$ --:1e xc-- My Commission Expires Page 4 Instructions and Fee Schedule for Completing Applications for Erosion Control Plan Approval; Stormwater Management Plan (SMP) Approval; Land Disturbing Permit (LDP); and Statement of Ownership and Financial Responsibility The following must be submitted as a package for a request to review an erosion control plan for land - disturbing activities that are regulated under the Orange County Unified Development Ordinance (UDO): 1. One completed signed, and notarized Application for Erosion Control Plan Approval, Stormwater Management Plan Approval and Land Disturbing Permit with the Statement of Ownership and Financial Responsibility form. Use an original form or good copy; Please DO NOT fax. 2. One copy of the proposed sediment and erosion control plan drawing, prepared according to the standards outlined in the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR) Erosion and Sediment Control Design Manual https://deq.nc.,gov/about/divisions/energy-mineral-land-resources/energ_y- mineral-land-permit-fzuidance/erosion-sediment-control-planning-desi gn-manual. 3. One copy of any supporting calculations and other applicable documents. 4. Applicationfee. Note, the land disturbing permit fee may also be paid at the time of submittal so that the permit can be obtained when the plan approval is given, or the fee can be paid at a later time aslongasthe plan has been approved and is still valid. The expiration dates of the approvals, stated below, should be considered when making this decision so that the land disturbing permit does not expire and the fee lost before construction can begin. All of the above items must be received before the application will be reviewed. The review period (30 days) provided by UDO does not begin until all items have been received by the Erosion Control / Stormwater Division. Expiration of Plan Approval and Land Disturbing Permit An Mproved Erosion Control Plan Mproval expires after l8months if work has not begun (based on the definition of the start of construction in the UDO). An approved Land Disturbing Permit (LDP) expires two(2) years after the start of construction. If construction extends beyond two (2) years, another LDP must be paid. Page 5 Instructions for Completing the Application Form Please type or print in ink. Please Do Not Use a Pencil! 1. Name of Project: Give the name of the development, subdivision, shopping center, road, sewer line, etc. for which the plan approval and land -disturbing permit are required. Use the same name used for other approvals. 2. Parcel Identification Numbers (PINs): What are the current PINS assigned to this property? 3. Planning Jurisdiction: What local government has planning jurisdiction over this project (e.g. Carrboro, Chapel Hill, Hillsborough, or Mebane) or is the project contained within Orange County's jurisdiction? 4. Size of Tract: How many acres are in the entire site? 5. Area Disturbed: How much area will be uncovered and/or disturbed? Give the area in both square feet and acres. (There are 43,560 square feet in an acre.) If one (1) acre or more will be disturbed or uncovered, the project comes under the conditions of the General Permit of the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge, which is administered be the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR). In addition, the NCDEMLR Self -Inspection Program applies to projects disturbing I or more acres. Contact the Erosion Control / Stormwater Division for details concerning the General Permit and Self-Tnspection Program. 6. Fees: Calculate the plan review fee and the land disturbing permit fee using the disturbed acreage total from #5 above. The fees are based on the total disturbance involved including any off -site disturbances such as utility extensions, roadway improvements, borrow and waste areas, soil stockpiles, storage yards, etc. If the project is over the land -disturbance thresholds for the specific watershed in which the project is located; located in either- the Falls Lake Watershed (Meuse Basin); or Jordan Lake Watershed (Cape Fear Basin); and the project is within Orange County's planning jurisdiction, a Stormwater Management Plan (SMP) is required for the project. If the project is located within the planning jurisdiction of one of the municipalities, a SMP may be required, but is administered by the specific municipal jurisdiction. The plan review fee must accompany the application in order for the application to be considered complete and review process to begin. LDP fees may be paid at the time of application or obtained at a later date, provided plan approval has been granted and has not expired. However, the land disturbance cannot begin until the appropriate fee has been paid, the LDP is obtained, a Pre -construction Conference held with Erosion Control / Stormwater personnel, and any other applicable conditions of approval or required permits are met. Payment by phone is preferred, once the case number is assigned and the correct fee confirmed, call Building Inspections at 919-245-2600 to make you payment. Note, please ensure that you reference the case number when making the payment. If paying by check, checks should be made out to Orange County, NOT Orange County Erosion Control. Fees are subject to change; if in doubt or you have not submitted a plan recently, contact erosion control /stormwater personnel to ensure this is the current fee schedule. Fees are not refundable, even if the plan is never approved, the approval or permit expires, or the proposed disturbance is never carried out. Page 6 7. Approximate Date Land Disturbance Will Begin: Give the best estimate possible regarding when the anticipated work will begin. Per the Unified Development Ordinance, staff has 30-days for initial review following receipt of a complete application package. Staff has 15-days to review revised plans. Therefore, for complex plan submittals, we recommend adding 60 calendar days to your initial submittal date as a realistic expectation. This allows you and/or your designer 15-days to turn around any required plan revisions, assuming only one round of corrections are necessary. 8. Landowner(s) of Record: Give the requested information for al I ofthe current owners listed on the deeds and/or instruments listed in answer to question number 10 below. Give all of the information, including the current mailing address, requested for each owner. 9. Future Landowner(s) (if applicable): If another person(s) or firm(s) will take possession of the property, initiate and conduct the land disturbance, give the requested information for all of the known future owner(s) to be listed on the deeds and/or instruments to be recorded. Give all of the information, includingthecurrentmailinaaddress, requested for each owner. This does not apply to subdivisions where individual lots may be sold to builders or homeowners and it is unrealistic for the person financially responsible to know or involve these owners in advance. Example: Where a tract is under a purchase option, show the current owner as the Landowner and the future Landowner as the developer holding the option and developing the property (applying for subdivision approval, erosion control plan approval, etc.). 10. Person(s) or Firm(s) Financially Responsible for the Disturbance: This can be the current owner, the developer, the person or firm holding a lease or option on the property. This the party paying the fees for the development, land disturbance, and construction of the property, notthebuildingor r�gcontractor who will be hired to perform the clearing and implement the erosion control plan, even though there is a contract agreement stating that the contractor- is responsible for implementing the erosion control plan. The contractor is ultimately liable to the owner/developer; the owner/developer. The person financially responsible is liable to the County for both the implementation and success of the approved plan. Statements on the plan that the contractor is responsible donotremoveresponsibility for compliance with the UDO, and/or for enforcement actions and/or fines and penalties. Page 8 11. Registered Agent (if any) for the Person Financially Responsible: A North Carolina agent is required if the applicant if the applicant is not a resident of North Carolina. This may be an attorney, engineer, etc. acting as an agent for the owner- of this site. 12. Description of Land Disturbance / Construction: What is being built: office buildings, apartments, street, parking lot, sewer line, etc.? List all the various components of the project. 13. Plans Prepared By: Name, mailing address, and telephone number of the person or firm that prepared the plan. In the interest of time and effort, erosion control / stormwater personnel will contact this person about revisions to the proposed plan instead of contacting the owner/developer. 14. Signature and Witness: This application and statement of ownership must be signed under oath by the financially responsible person, if an individual or by an officer, director, partner, attorney -in -fact, or other person with authority to execute instruments for the financially responsible person if not an individual. This form must be signed in the presence of a Notary Public and signed and sealed by that Notary. When and Where to Submit the Application AtIeast60-dayspriortothedesired start ofconstruction, submit the completed, signed, and notarized application together with the plans and a check for the plan review fee (plus the Land Disturbing Permit fee, if you decide to include it) to the address at the top of the first page of the application. Make checks payable to "Orange County". You may ship, mail or hand deliver the plans. Please note that hand delivery does not expedite the review process. Our policy is to review the plans in the order as they are received and deemed sufficient. If interested in electronic plan submittal and review, please check with us as we will soon be accepting Land Disturbing Permit applications, online payment and electronic plans via our new Citizen Self Service (CSS) portal. The review can be conducted electronically and, upon approval, we would require a paper- copy for our files. Review and Response to the Application The Orange County UDO allows up to 30 days for initial review and response to the erosion control / stormwater management plan, followed by up to 15 day re -submittal reviews if necessary. The plan will be reviewed and the designer contacted if there are questions or if revisions are needed. A site investigation is normally a part of the review process. The Ordinance gives erosion control / stormwater personnel the authority to enter the site to conduct investigations and to ensure compliance with the approved plan and Ordinance once work begins. The plan will be approved, approved with conditions of approval, or if disapproved, staff will discuss the needed revisions with the designer in an effort to resolve the issues so that it can be approved. If these efforts are unsuccessful, the plan will remain as disapproved and can be appealed at that time. If approved, an approval packet will be sent to the financially responsible party or registered agent as supplied on the application. Erosion Control and Stormwater Contracts Patrick Mallett Christopher Sandt, P.E. Steve Kaltenbach Kenneth Owens Nathan Jacobsen Erosion Control & Stormwater Supervisor Staff Engineer Erosion Control Officer II Erosion Control Officer II Erosion Control Officer I pmallettAoran eg countync og_v csandtAoran eg countync. og_v skaltenbachAoran eg couMnc. og_v kowens(c�r�,oranaecountync.gov niacobsen(c�r�oranaecountync.aov 919-245-2577 919-245-2593 919-245-2598 919-245-2584 919-245-2580 Page 9 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director Current Planning (919) 245-2575 (919) 644-3002 (FAX) www.orangecountync.gov ORANGE COUNTY NORTH CAROLINA 131 W. Margaret Lane Suite 201 P. O. Box 8181 Hillsborough, NC 27278 - Cce9e �- i�®® ��i �Eo7_nae ' 1° I� .III; �ii- MKO amakii2m Erosion Control, Stormwater and Engineering Fees 2021 Erosion Control Plan Review Fees Residential / Non-residential land disturbance less $125 than 1 acre (43,560 sq. ft.) (flat fee)' Residential land disturbance greater than 1 acre $150 per disturbed acre (43,560 sq. ft.) (or fraction thereof) Non-residential land disturbance greater than 1 acre $300 per disturbed acre (43,560 sq. ft.) and/or residential disturbance greater (or fraction thereof) than 25 acres ** PLAN REVISIONS: Applicants proposing increases in the acreage of disturbance where an erosion and sedimentation control plan has already been approved, but where a Land Disturbing Permit (LDP) has not been issued, shall pay an additional $150.00 per disturbed acre. ** Land Disturbing (Grading) Permits (in addition to the above if applicable) $300 Land disturbance less than 1 acre (43,560 sq. ft.) (flat fee) Land disturbance greater than 1 acre (43,560 sq. ft.) $300 per disturbed acre but less than 10 acres (or fraction thereof) Land disturbance greater than 10 acres but less than $600 per disturbed acre 25 acres (or fraction thereof) Land disturbance greater than 25 acres $900 per disturbed acre (not to exceed 150 acres) (or fraction thereof) .' Pursuant to the North Carolina Sediment Act under G.S. 113A-60(a), as amended with Session Law 2021-121 HB 489: for approved subdivisions and/or common plan of developments with single-family lots less than 1 acre, the erosion control fee for the single-family lot shall be set at no more than one hundred dollars ($100.00) per lot/acre developed. The remainder of the erosion control fee (i.e. additional land disturbance areas outside of the single-family lots such as roads and common areas) shall be calculated per the applicable erosion control land basis rates as listed herein. Un-scheduled Site Re-inspectionZ 1 $200.00 per re -inspection Stormwater Management Plan Fees (in addition to the above if applicable) Stormwater Management Plan Review — $500 per Stormwater Control Measure (SCM) Traditional Stormwater Control Measure (SCM) Stormwater Management Plan Review — Low Impact Development (LID) without Conservation $300 per plan Area Review Stormwater Management Plan Review — Low Impact Development (LID) with Conservation $500 per plan Area Review Re -Inspection of Stormwater Control Measure (SCM) 1st inspection no fee associated with a failed SCM inspection report $250 per SCM inspection thereafter Inspection of Stormwater Control Measure (SCM) $250 per SCM inspection associated with a Notice of Violation (NOV) Recurring 5-Year Inspection of Stormwater Control $750 per SCM Measure (SCM) 3 Miscellaneous Fees Private Roads $155 per road Conservation Area Document Review $200 per area Stream Origin and Stream Determinations 1-2 determinations/site $300 Surface Water Identification (SWID) Application and 3-6 determinations/site $600 Field Work 7-9 determinations/site $1000 10-12 determinations/site $1200 13-16 determinations/site $1500 17-19 determinations/site $2000 Stop Work Order (SWO) / Notice of Violation (NOV) $200 per order issued At cost for legal ad and notifications required Appeal of a Land Disturbing Permit (Grading Permit) to process if appealed to Public Hearing per UDO 2.26.8&9 Fee captures work directed from municipal jurisdictions under their delegated authority and/or re- inspection(s) after 31d "Failed" and/or "Needs Maintenance" inspection item(s) from an inspection report have not been resolved. 3 Includes $125/year for the first four (4) annual inspection reviews, plus $250 for physical 5-year inspection by ECS&E.