HomeMy WebLinkAboutNCC230129_ESC Approval Submitted_20230127Engineering Services Department
Trevor Spencer, P.E.
Director
January 9, 2023
Property Owner
Blue Sky Holdings, LLC
P.O. Box 834
Randleman, NC 27317
Financial Responsible Party
Boggs Contracting, Inc.
1613 W. Roosevelt Blvd.
Monroe, NC 28110
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NORTH CAROLINNS INTERNATIONAL CIT7'
RE: APPROVAL of EROSION and SEDIMENTATION CONTROL PLAN
Project: Boggs Asphalt Plant
Location: 1800 1812 Alleghany Street, High Point, NC 27263
Land Disturbing Permit: # EN-23-0007 2459
Dear Sir or Madame:
The Engineering Services Department has completed the review process for the Soil
Erosion Sedimentation Control Plan for the project referenced above. Based on our
review, the plan is hereby approved.
This plan approval will specifically cover the Erosion and Sediment Control Measures
required for both the Grading and the Construction Phases.
If a different identity (from the Grading Phase) executes the Construction Phase, this
approved Erosion and Sediment Control Plan (E&SCP) may be transferred to the
firm/person executing the Construction 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.
When you are ready for the Land -Disturbing Permit to be issued, please notify
Engineering Services to arrange for a pre -construction meeting.
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
The Erosion Control Measures shown on the plan(s) are approximate. 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 $2,000.00
per disturbed acre 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 2.6.5 — 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 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.1 and 2, the Land -Disturbing
Permit will become null and void one (1) year from the date of issuance. You may
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
Page 2
request in writing, a 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. A condition of this permit will be that the 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 NCG010) must be maintained while the Land -Disturbing Permit is active.
• 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 permanen t 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, 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).
• 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
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
Page 3
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.
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%.
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%.
• 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 to
disturbed, install, construct, build, grade repair, etc. , an area where the
measure conflicts 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.
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
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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.
SPECIAL INFORMATION:
• The Financially Responsible Party is required by Section 6.3.1. of the Development
Ordinance or § 15A NCAC 04B.0105 to protect a//puh/icandprivate property
from sedimentation and erosion damage caused by the land -disturbing
activities Erosion and Sediment Control Measures must be provided and
maintained to prevent off -site sedimentation to adjoining properties, stormwater
drainage systems, streams/lakes, streets and/or sidewalks.
• Any deviation from plan must be brought to the attention of the Erosion Control
Inspector prior to change.
• Erosion Control Measures must be maintained until site is stabilized with
sufficient ground cover
• A condition of this approval is that the streets in this phase must be kept free of
sediment. Daily cleaning of streets will be required. Erosion Control Measures to
prevent construction traffic tracking sediment onto the streets must be
maintained.
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
Page 5
Site Data:
Project Name: Boggs Asphalt Plant
Land -Disturbing Permit (CHP Project Tracking ID): # EN-23-0007 2459
Limits of Disturbance (in acres) approved: 8.62 acres
Address: at/near 1800 1812 Alleghany Street
City: High Point
State: NC
Zip Code: 27263
County: Guilford
Latitude (in decimal degrees): 35.947 degrees
Longitude (in decimal degrees):-79.965 degrees
River Basin: Cape Fear
Receiving Waterbody: Richland Creek
Stream Index: 17-7-(0.5)
Draft E&SCP submitted by: Eagle Engineering, Inc., 2013-A Van Buren Avenue,
Indian Trail, NC 28079
Date(s) draft E&SCP Received: January 4, 2022
Plan Type: E&SCP
Is this site part of a project covered under a common plan of development: No
* at/near Construction Entrance
Additional Information:
You will be required to submit for an additional 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://deq.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,
Anita E. Simpson
Engineering Services Department
(336) 883-3194
cc: Madison Grace Daniel, Eagle Engineering, Inc. (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
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