NCC217073_MODIFICATION Supporting Doc (LOTS 59-65)_20240320

•
Engineering Services Department
II i h
point.
March 19, 2024
Owner/Financially Responsible Party
D.R. Horton, Inc.
Attn: Tracey Davis
2000 Aerial Center Parkway, Suite 110
Morrisville, NC 27560
Previous Property Owner
Kendale Road, LLC
110-A Shields Drive
Kernersville, NC 27284
RE: TRANSFER APPROVAL of EROSION and SEDIMENTATION CONTROL PLAN
Project: Erynndale Subdivision, Phase 2, Lots 59 - 65
Location: At/near 4402 Kendale Road, High Point, NC 27265
Land-Disturbing Permit#: EN-21-0264 2400 (Erynndale Subdivision)
EN-19-0284 (Kendale Road, LLC)
Dear Sir or Madame:
As per your request, the Engineering Services Department has completed the review process of the
package you submitted regarding the transfer of the Kendale Road, LLC Soil Erosion and
Sedimentation Control Plan for Erynndale Subdivision to D.R. Horton, Inc. As conditions set forth in
NC GS 113A-54.1, as the lots are conveyed to D.R. Horton, Inc., the Erosion Control measures for
individual lots indicated in the building phase section of the approved Erosion and Sediment Control
Plan will transfer along with the conveyance.
Conditions of the transfer are:
• D.R. Horton, Inc. shall hold title to the property on which the permitted activity is
occurring or will occur.
• D.R. Horton, Inc. 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.
• D.R. Horton, Inc. shall comply with all terms and conditions of the plan once the plan has
been transferred.
(0'" 211 S. Hamilton St. High Point, N.C. 27260 336.883.3111 0 HighPointNC.gov

• 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 D.R. Horton, Inc. Nothing in this subsection shall prevent the Commission from
requiring a revised plan pursuant to G.S. 113A-54.1(b).
The transferred plan specifically covers 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.
The Erosion Control Financial Guarantee (Surety), Bond No. 0811650 for $8,000.00 submitted for Phase
1 will be transferred to Phase 2 and those lots referenced above. The Erosion Control Financial Bond
will be retained by the City as per Section 7.2.2 — Performance Guarantee of the City of High Point
Development Ordinance until the site is stabilized with sufficient groundcover and a final inspection is
performed.
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.
• 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 original approval of the draft Erosion and Sediment Control Plan and the Land Disturbing
Permit issued by the City of High Point was conditional based on the applicant's compliance
with Federal and State water quality laws, regulations, and rules. The transferred Erosion and
Sediment Control Plan will also be 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) occur, then
you are required to submit an amended form showing such changes.
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

• The approval of the draft Erosion and Sediment Control Plan does not supersede any other
permit or approval.
• Approval of the draft Erosion and Sediment Control Plan, authorizes the permittee to discharge
stormwater in accordance with the standard and regulations of current General Permit NCG010
and the National Pollutant Discharge Elimination System (NPDES).
• 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, copies of the
NPDES/NCG010 Permit, NCG010 Self Inspection and Ground Stabilization and Materials
Handling Details, and a copy of the Certificate of Coverage (COC).
• Records of Inspections 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).
• 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 130A, 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.
• Only minor deviation from the approved plan can be approved by the Erosion Control
Inspector. 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. 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 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.
• A condition of this approval is that the streets in this phase must be kept free of sediment.
Erosion Control Measures to prevent construction traffic from tracking sediment onto the
streets must be 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.
Site Data:
Project Name: Erynndale Subdivision, Phase 2, Lots 59 - 65
Land-Disturbing Permit (Project ID): EN-21-0264 2400
Limits of Disturbance (in acres) approved: 1.44 acres
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

Address: at/near: 4402 Kendale Drive, High Point, NC 27265
City: High Point
State: NC
Zip Code: 27265
County: Guilford
Latitude (in decimal degrees): -80.004 degrees*
Longitude (in decimal degrees): 36.046 degrees*
Receiving Water Body: West Fork Deep River Tributary
Stream Index: 17-3-(0.7)**
River Basin: Cape Fear
Draft E&SCP submitted by: Kendale Road, LLC
Date(s) draft E&SCP Received: October 25, 2019
Plan Type: E&SCP
Is this site part of a project covered under a common plan of development: Yes
Site Plan: EN-19-0284 approved 1-10-2020 issued January 16, 2020 (Active)
* at/near Construction Entrance
** Could not pull up information on NC Surface Water Classifications Map 11-2-2021.
Information shown could be incorrect.
Additional Information:
• Per SECTION 5.(a) G.S. 113A-54.1(f): For land-disturbing activities on a single-family
residential lot involving new construction with land disturbance of less than one acre
where the builder or developer is the owner of the lot being developed and the person
financially responsible for the land-disturbing activity, the financial responsibility for
land-disturbing activity on that lot transfers to the new owner upon the builder's or
developer's conveyance of the lot to the new owner, recording of the deed in the office
of the register of deeds, and notification to the office or local program that approved the
erosion control plan."
Important Notice:
Per NCG010000 Construction Stormwater General Permit effective April 1, 2019:
• An owner, developer or builder conducting construction activities that include
clearing, grading, or excavation activities that results in the disturbance of land
greater than or equal to one acre which requires a common plan of development
(a.k.a. Site Plan).
OR
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

• An owner, developer or builder conducting construction activities that include
clearing, grading, or excavation activities on a site that is regulated by a common
plan of development (a.k.a. Site Plan).
You are required to complete and submit an electronic Notice of Intent (eNOI) form requesting
a Certificate of Coverage (COC) under the NCG010000 Construction Stormwater General Permit
from the Department of Environmental Quality (DEQ). This form MUST be submitted prior to the
commencement of any land disturbing activity on the above-named project. The eNOI form may
be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form to Annette
Lucas at [e-mail] or Paul Clark at [e-mail]. After you submit a
complete and correct eNOI Form, a COC will be emailed to you within three business days.
DEQ will charge a fee ($100) for coverage under the NCGO1 permit. This fee is not part of the
City of High Point submittal and is to be sent to the DEMLR Stormwater Central Office staff in
Raleigh.
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/NCG01. 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 NCG010/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 NCG010/NPDES permittee must comply with all conditions of the NCG010 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].
Please call me if you have any questions or comments.
Sincerely,
ae -ita__ el--' ,44/1^14- e7/1._._
Anita E. Simpson
Engineering Services Department
[phone]
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov