NCC243149_ESC Approval Submitted_20241011

CITY OF
Engineering Services Department IiiF 'i
point
October 1, 2024
Owner/Financially Responsible Party
Krupa Investments, LLC
618-B Guilford College Road
Greensboro,NC 27409
RE: Erosion and Sediment Control Plan Approval
Project: Popeyes-Wendover Crossing
Location: 4015 Precision Way, High Point,NC 27265
Land Disturbing Permit: EN 24 0023 2496
Dear Sir or Madame:
The draft Erosion and Sediment Control Plan(E&SC Plan)that was routed for reviewed on May
15, 2024 to the Technical Review Committee was approved by this office on May 24, 2024.
However, a required Letter of Approval (LOA) for the approving the draft E&SC Plan was never
generated or sent to the responsible parties by my office.
Therefore, the purpose of this delayed Letter of Approval is to inform you that the Engineering
Services Department did complete the review process for the Soil Erosion Sedimentation Control
Plan submitted to our department on May 15, 2024 and did approve the draft Erosion and
Sediment Control Plan. This approval is also validated by the"Compliant" status in the SP 24
0012 ACCELA Record dated May 24, 2024.
The plan approval of the May 15th submittal specifically covered the Erosion and Sediment
Control measures required for both the Grading Phase and the Building Phase for the
proposed disturbed area under SP-24-0012. 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.
The usual process after the E&SC Plan approval and delivery of the LOA, would be to have an
on-site pre-construction meeting with all parties involved with your development and issue the
Land-Disturbing Permit which would allow the commencement of grading.
Since the usual process did not occur and the site is being disturbed, we are requesting that an
on-site preconstruction meeting be scheduled with our office and the Land-Disturbing permit can
be issued. This would get your site in compliance with the Erosion and Sediment Section of the
Development Ordinance.
Therefore,please contact my office at 336-883-3353 or by email at [e-mail]
when you are ready to have the on-site pre-construction meeting and obtain the Land-Disturbing
Co 211 S. Hamilton St. High Point, N.C. 27260 t. 336.883.3111 HighPointNC.gov

Permit. My recommendation is to have the pre-construction meeting as quickly as possible.
Also, by the site being larger than one acre,you are required to obtain and Certificate of
Coverage from the North Carolina Department of Environmental Quality. Details on how to do
this is at the bottom of this letter
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 l 13A-54.1 and Inspection and Monitoring Records for Activities under
Stormwater General Permit NCG010), a copy of the NPDES/NCG010 Permit(Readily
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

available electronic copy of NPDES/NCG010 Permit is acceptable) , and a copy of the
Certificate of Coverage (COC).
• 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 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
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

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%. Please note that this is also a requirement of Part II
Section E(2) of the NCG01 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
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

the street surface immediately.
• The Erosion Control Measures shown on the plan(s) are approximate. Some field
adjustment may be required to make the measures work correctly.
Site Data:
Project Name: : Popeyes-Wendover Crossing
Limits of Disturbance (in acres) approved: 1.55 acres
Address: at/near 4015 Precision Way
City: High Point
State: NC
Zip Code: 27265
County: Guilford
Latitude (in decimal degrees): 36.0298 degrees *
Longitude (in decimal degrees): -79.9642 degrees *
River Basin: Cape Fear**
Receiving Waterbody: West Fork Deep River **
Stream Index: 17-3-(1.5)**
Draft E&SCP submitted by: Timmons Group, 8642 West Market Street, Suite 136,
Greensboro, NC 27409
Date(s) draft E&SCP Received: May 9, 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 eNOl 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-
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov

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 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 a 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.
Since ly,
,----9clii
cn/6
L
cott E. Ford
Engineering Services Department
[phone]
cc: File
Jacob Moore, PE, c/o Timmons Group, 8642 West Market Street, Suite 136, Greensboro,NC
27409 (via email)
211 S. Hamilton St., High Point, NC 27260 333.883.3111 HighPointNC.gov