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HomeMy WebLinkAboutNCC242464_ESC Approval Submitted_20240815 CITY OF Engineering Services Department Fh1iI1 point July 12, 2024 Financially Responsible Party Lighthouse Properties CT, LLC 2504 Maybank Drive Charlotte,NC 28211 Owner Deep River Baptist Church 2525 Eastchester Drive High Point,NC 27265 RE: Revised Erosion and Sediment Control Plan Approval Project: Lighthouse Properties Quick Service Restaurants Location: 2525 Eastchester Drive, High Point,NC 27265 Land Disturbing Permit: EN 24 0136 2513 Dear Sir or Madame: The Engineering Services Department has completed the review process for the Soil Erosion Sedimentation Control Plan submitted to our departiiient on July 12, 2024 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 Phase and the Building Phase for the proposed Disturbed Area under GP 24 0001. If a different identity (from the Grading Phase) executes the Building Phase,this approved Erosion and Sediment Control Plan(E&SCP)may be transferred to the firm/person executing the Building Phase. Please contact Engineering Services when you are ready to obtain the Land-Disturbing Permit and have the required pre-construction meeting on site. 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 $2000.00 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 7.2.2—Performance Guarantee of the City of High Point Development Ordinance. Surety bonds will be held by the city until released. Co 211 S. Hamilton St. High Point, N.C. 27260 k. 336.883.3111 HighPointNC.gov The Erosion Control Measures shown on the plan(s) are approximate. Some field adjustment may be required to make the measures work correctly. 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 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 NCG010), a copy of the NPDES/NCG010 Permit(Readily available electronic copy of NPDES/NCG010 Permit is acceptable) , and a copy of the Certificate of Coverage (COC). 211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov • Per G.S. 113A-54.1.(e), The landowner, the financially responsible party, or the landowner's or the financially responsible parry'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, 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). Please note that Records of Inspections in respect to the NCG010000 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: 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%. Please note that the requirement of Part II Section E (1) of the NCG010000 Construction Stormwater General Permit which refers to Ground Stabilization Timelines in Table 3 are different from G.S. 113A-57(2). As noted in 15A NCAC 04B .0107, it is the responsibility of the person conducting the land-disturbing activity to ensure compliance with the NCG01 Permit. 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 211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov 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 II Section E (2) of the NCGO1 Construction Stormwater General Permit. o The requirements in NCG01 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 .0107, it is the responsibility of the person conducting the land-disturbing activity to ensure compliance with the NCG01. • 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 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. 211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov Site Data: Project Name: Lighthouse Properties Quick Service Restaurants Limits of Disturbance (in acres) approved: 1.73(on-site) + .36 (off-site) Total 2.09 acres Address: at/near 2525 Eastchester Drive City: High Point State: NC Zip Code: 27265 County: Guilford Latitude (in decimal degrees): 36.02892 degrees * Longitude (in decimal degrees): -79.97146degrees * River Basin: Cape Fear Receiving Waterbody: West Fork Deep River ** Stream Index: 17-340.7)** Draft E&SCP submitted by: Gaskins+LeCraw, 3475 Corporate Way A, Duluth, GA 30096 Date(s) draft E&SCP Received: July 12, 2024 Plan Type: E&SCP Is this site part of a project covered under a common plan of development: No * at/near Construction Entrance ** Information shown on NC Surface Water Classifications Map. Please confirm prior to any submittal. Additional Information: As of April 1, 2019, all new construction activities with disturbances of land greater than or equal to one acre, or that are part of a common plan of development of that size that are also subject to the North Carolina Sedimentation Pollution Control Act of 1973, are required to complete and submit an electronic Notice of Intent (eNOI) form requesting a Certificate of Coverage (COC) under the NCG010000 Construction General Permit. After the eNOI Form is reviewed and found to be complete, you will receive a link with payment instructions for the applicable annual permit fee. After the fee is processed, you will receive the COC via email. Therefore, as the Financially Responsible Party shown on the FRO Form submitted for this project,you are required to obtain the COC prior to commencement of any land disturbing activity. The eNOI form and fee details may be accessed at deq.nc.gov/NCG01. Please direct questions about the eNOI form to the Stormwater Program staff (919-707-3642) in the Raleigh central office. If the owner/operator of this project changes in the future, the new responsible party must obtain a new COC. Prior to the completion/close-out of the project, you should contact the Erosion Control Inspector 211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov for a final inspection. Upon written notification from the Erosion Control Inspector that the site is stabilized and completed, and the release of the Land-Disturbing Permit is approved, you will be required to submit an electronic Notice of Permit (e-NOT) from the Department of Environmental Quality (DEQ) to close out the Certificate of Coverage (COC). Detailed information on the e-NOT 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. Sincer ly, —7(---?"-f-J1 Sco Ecord --- Engineering Services Department (336) 883-3353 cc: File Amy Gaskins Wilby, PE, Gaskins+LeCraw, 3475 Corporate Way A, Duluth, GA 30096 (via email) Revision 1 August 12, 2024 211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov