NCC223685_ESC Approval Submitted_20221122

Planning and Inspections Department
Cy Stober, AICP, Director
Engineering / Erosion
Control / Stormwater Suite�_� 131 W. Margaret Lane
[phone]
[phone] (FAX) ORANGE COUNTY P.O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
ORANGE COUNTY LAND DISTURBING PERMIT
PERMIT NUMBER: LDP21-0100
Date Approved : 10/19/2022
Date Issued : 10/20/2022 Expiration Date : 10/19/2024
Applicant : Jeff Kurtz Owner: Jeff Kurtz
Address : 1480 Environ Way, 4th Floor Address : 1480 Environ Way, 4th Floor
Chapel Hill, NC 27517 Chapel Hill, NC 27517
Phone : [phone] Phone : [phone]
Financially Responsible Party : RRPV University Chapel Hill LP
Name of Project : University Place
Work Description : Mixed use
Property Address
Location : 219 S ESTES DR
CHAPEL HILL, NC 27514
Parcel Number: 9799220604 (MAIN)
Subdivision :
River Basin : Cape Fear
Tract Size : 39.45
Erosion Control Officer Signature :
Disturbed Area
(SgFt) : 1089000
(Acres) : 25.00
% of Disturbance : 63.37
Watershed : Jordan Lake
Protected
Disturbance Type :
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Planning and Inspections Department
Cy Stober, AICP, Director
Engineering t Erosion
Control t Stormwater 131 W. Margaret Lane
[phone] Suite 201
[phone] (FAX) ORANGE COUNTY P.O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
Letter of Approval
Wednesday, October 19, 2022
RRPV University Chapel Hill LP
Re: Erosion Control Plan Approval for Land -Disturbing Activity in Orange County, NC
Project Number: LDP21-0100
Project Name: University Place
Parcel ID Number: 9799220604
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
timberinLy, LyradinLy, or other land-disturbinLy 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 ofAcknowledgement 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,
Patrick R. Mallett
Erosion Control and Stormwater Supervisor
[e-mail]
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Planning and Inspections Department
Cy Stober, AICP, Director
Engineering / Erosion
Control / Stormwater� 131 W. Margaret Lane
[phone] Suite 201
[phone] (FAX) ORANGE COUNTY P.O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
Conditions of Approval
Project Number: LDP21-0100
Project Name: University Place
Approval Date: 1011912022
Jurisdiction: Chapel Hill
PIN: 9799220604
RRPV University Chapel Hill LP 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
RRPV University Chapel Hill LP, 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.
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.
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• EXPIRATION: Erosion control plan approval expires if work does not begin within 18 months of the date of
this letter. The land -disturbing permit expires with the plan approval or 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 must be designed to withstand the
25-year storm.
INITIATIVE: RRPV University Chapel Hill LP 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.: RRPV University Chapel Hill LP 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 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, RRPV University Chapel Hill LP 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
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them with copies of this letter and any other correspondence from this office related to this project.
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, RRPV
University Chapel Hill LP 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 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 NCGO10000, logbook
maintenance should also be coordinated.
• 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 RRPV University Chapel Hill LP. 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.
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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.
• 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 RRPV
University Chapel Hill LP 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 purchased at the current rate. The Permit fee is $0.00.
Fines: $5000 per day may be assessed per violation. Payment of fines or for another permit is the
responsibility of RRPV University Chapel Hill LP, 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.
The intent of this requirement is to limit erosion by completing the disturbance and stabilizing disturbed areas in
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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.
Conditions of Approval Particular to this Site
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 activi . 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. Since the land disturbance will be greater than one (1) acre, the NPDES general stormwater discharge permit
for construction activities (NCGO10000) applies to this site. A copy of the current NCGOI Permit and a notice
memo discussingthe requirements can be downloaded from the Orange County Planning & Inspections
Department / Erosion Control web pale.
3. Since the land disturbance will be greater than one (1) acre, the Self -Inspection requirements pursuant to the
North Carolina Sedimentation Pollution Control Act applies to this site. A notice memo discussing the
Self -Inspection requirements can be downloaded from the Orange County Planning & Inspections Department /
Erosion Control web page.
4. Contact EC Officer Steve Kaltenbach, [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
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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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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: University Place
Project Number: LDP21-0100
Parcel Number: 9799220604
To whom it may concern:
I, a person with authority to execute instruments for 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:
F-I
Land disturbance at this site will be less than one (1) acre; therefore it does not require an NPDES
stormwater discharge permit for construction, nor does it require self -inspection pursuant to the North
Carolina Sedimentation Pollution Control Act.
159 Land Disturbance at this site will be one (1) acre or more; therefore the following additional
requirements apply to this site:
1. Self -Inspection pursuant to the North Carolina Sedimentation Pollution Control Act. I
acknowledge that I have received or downloaded a copy of the self -inspection documentation.
2. NPDES general stormwater discharge permit for construction activities (NCG010000). I
acknowledge that I have received or downloaded a copy of the permit, read the permit and
understand that it is my responsibility to comply with the permit requirements. This includes but is
not limited to, maintaining a rain gauge on -site, keeping precipitation records, and conducting
required monitoring and inspections.
Signature
Please Print Name and Title Legibly
Date
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