Loading...
HomeMy WebLinkAboutNCC220013_FRO Submitted_20220107FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT No person may initiate any land -disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environmental Quality. Submit the completed form to the appropriate Regional Office. (Please type or print and, if the question is not applicable or the e-mail and/ or fax information unavailable, place N/A in the blank.) Part A. Efland EMS Station 1. Project Name 2. Location of land -disturbing activity: County Orange City or Township Hillsborough Highway/Street US 70 W Latitude 36.080792 Longitude -79.1761 3. Approximate date land -disturbing activity will commence: October 2021 4. 5. 6. 7. 8. a Purpose of development (residential, commercial, industrial, institutional, etc.): EMS Station Total acreage disturbed or uncovered (including off -site borrow and waste areas): 2.2 aC Amount of fee enclosed: $ 195.00 . The application fee of $65.00 per acre (rounded up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585). Has an erosion and sediment control plan been filed? Yes No Enclosed X Person to contact should erosion and sediment control issues arise during land -disturbing activity: Name Angel Barnes E-mail Address abarnes@ orangecountync.gov Telephone 919.245.2628 cell # 919.610.8182 Fax # N/A Landowner(s) of Record (attach accompanied page to list additional owners): Orange County North Carolina 919.245.2628 Name P.O. Box 8181 Current Mailing Address Hillsborough, NC 27278 City State Zip 10. Deed Book No. HB6539 Page No N/A Telephone Fax Number 300 West Tryon Street, Bldg B, 3rd Floor Current Street Address City 140 State E Provide a copy of the most current deed. Part B. 1. Company(ies) or firm(s) who are financially responsible for the land -disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet.) If the company or firm is a sole proprietorship, the name of the owner or manager may be listed as the financially responsible party. Orange County North Carolina abarnes@orangecountync.gov Name E-mail Address Current Mailing Address Hillsborough, NC 27278 City State Zip Telephone 919.245.2628 300 West Tryon Street, Bldg B, 3rd Floor Current Street Address Hillsborough, NC 27278 City State Zip Fax Number 2, (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name Current Mailing Address City State Teleph E-mail Address Current Street Address Zip City Fax Number State Zip (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent Current Mailing Address City State Teleph E-mail Address Current Street Address Zip City Fax Number State Zip The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney -in -fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there be any change in the information provided herein. Type or print name Capital Projects Manager Title or Authority Signature Date ------------------------------------------------------------------------------------------------------------------------------------ M , a Notary Public of the County of State of North Carolina, hereby certify that C `� appeared personally before me this day and being duly orn acknowledged that the above form was executed by him. .ttr�P� Witness my hand and notarial seal, this _day of L)Oe 20� — HEATHER OOWMAN' Notary Public • Worth:gAmlins Notary Qrsn"linty 10 Or Commbsi" Expires p4c 8; !021 My commission expires C - E Instructions and Fee Schedule for Completing Applications for Erosion Control Plan Approval; Stormwater Management Plan (SMP) Approval; Land Disturbing Permit (LDP); and Statement of Ownership and Financial Responsibility The following must be submitted as a package for a request to review an erosion control plan for land - disturbing activities that are regulated under the Orange County Unified Development Ordinance (UDO): 1. One completed signed, and notarized Application for Erosion Control Plan Approval, Stormwater Management Plan Approval and Land Disturbing Permit with the Statement of Ownership and Financial Responsibility form. Use an original form or good copy; Please DO NOT fax. 2. One copy of the proposed sediment and erosion control plan drawing, prepared according to the standards outlined in the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR) Erosion and Sediment Control Design Manual https://deg.ne.aov/about/divisions/energy-mineral-land-resources/energy- mineral-land hermit-guidance/erosion-sediment-control-plaiuiin design -manual. 3. One copy of any supporting calculations and other applicable documents. 4. Application fee. Note, the land disturbing permit fee may also be paid at the time of submittal so that the permit can be obtained when the plan approval is given, or the fee can be paid at a later time as longas s the plan has been approved and is still valid. The expiration dates of the approvals, stated below, should be considered when making this decision so that the land disturbing permit does not expire and the fee lost before construction can begin. All of the above items must be received before the application will be reviewed. The review period (30 days) provided by UDO does not begin until all items have been received by the Erosion Control / Stormwater Division. Expiration of Plan Approval and Land Disturbing Permit An approved Erosion Control Plan approval expires after 18 months if work has not begun (based on the definition of the start of construction in the UDO). An approved Land Disturbing Permit (LDP) expires two (2) years after the start of construction. If construction extends beyond two (2) years, another LDP must be paid. Page 5 Instructions for Completing the Application Form Please type or print in ink. Please Do Not Use a Pencil! 1. Name of Project: Give the name of the development, subdivision, shopping center, road, sewer line, etc. for which the plan approval and land -disturbing permit are required. Use the same name used for other approvals. 2. Parcel Identification Numbers (PINS): What are the current PINS assigned to this property? 3. Planning Jurisdiction: What local govermnent has planning jurisdiction over this project (e.g. Carrboro, Chapel Hill, Hillsborough, or Mebane) or is the project contained within Orange County's jurisdiction? 4. Size of Tract: How many acres are in the whole site? 5. Area Disturbed: How much area will be uncovered and/or disturbed? Give the area in both square feet and acres. (There are 43,560 square feet in an acre.) If one (1) acre or more will be disturbed or uncovered, the project comes under the conditions of the General Permit of the Environmental Protection Agency's National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge, which is administered be the North Carolina Division of Energy, Mineral, and Land Resources (NCDEMLR). In addition, the NCDEMLR Self -Inspection Program applies to projects disturbing I or more acres. Contact the Erosion Control / Stormwater Division for details concerning the General Permit and Self -Inspection Program. 6. Fees: Calculate the plan review fee and the land disturbing permit fee using the disturbed acreage total from 45 above. The fees are based on the total disturbance involved including any off -site disturbances such as utility extensions, roadway improvements, borrow and waste areas, soil stockpiles, storage yards, etc. If the project is over the land -disturbance thresholds for the specific watershed in which the project is located; located in either the Falls Lake Watershed (Neuse Basin); or Jordan Lake Watershed (Cape Fear Basin); and the project is within Orange County's planning jurisdiction, a Stormwater Management Plan (SMP) is required for the project. If an SMP is required for the project, an additional fee of $500.00 per each proposed permanent Stormwater Control Measure (SCM) — or a flat fee of $300 for a Low Impact Development (LID) project — is added to the plan review fee and a sealed SMP must be included with the application. See the 2020-2021 Erosion Control and Stormwater Fee Schedule for further details on SMP review fees. Please refer to the watershed matrix or contact Orange County Erosion Control / Stormwater to determine if an SMP and an associated SMP review fee are required. If the project is located within the planning jurisdiction of one of the municipalities a stormwater management plan may be required, but is administered by the specific municipal jurisdiction. The plan review fee must accompany the application in order for the application to be considered complete and review process to begin. LDP fees may be paid at the time of application or obtained at a later date, provided plan approval has been granted and has not expired. However, the land disturbance cannot begin until the appropriate fee has been paid, the LDP is obtained, a Pre -construction Conference held with Erosion Control / Stormwater personnel, and any other applicable conditions of approval or required permits are met. Payment by check is preferred, and checks should be made out to Orange County, NOT Orange County Erosion Control. Fees are subject to change; if in doubt or you have not submitted a plan recently, contact erosion control / stormwater personnel to ensure this is the current.fee schedule. Fees are not refundable, even if the plan is never approved, the approval or permit expires, or the proposed disturbance is never carried out. Page 6 *2020-2021 Erosion Control and Stormwater Review Fee Schedule Erosion Control Plan Rates and Fees: THERE IS NO MAXIMUM FEE! Rural Disturbance: $158.00 per acre of disturbance Urban Disturbance: $272,00 per acre of disturbance Intense Urban Disturbance: $507.00 per acre of disturbance Land Disturbing Permit Rates and Fees: THERE IS NO MAXIMUM FEE! Rural Disturbance Urban Disturbance Intense Urban Disturbance: $310.00 per acre of disturbance $646.00 per acre of disturbance $1,241.00 per acre of disturbance Stormwater Management Plan (SMP) Review Fees: Non -LID Projects: $500.00 per each permanent SCM LID Projects: $300 flat fee (an additional $200 flat fee applies if a Conservation Easement is proposed) *As applicable, the above Fees are cumulative. Definitions for Determining Erosion Control Fees: Differences over which category to which a land - disturbing activity belongs will be resolved by the Erosion Control / Stormwater Supervisor. Erosion & Sedimentation Control Plan review and LDP fees are based on types of land -disturbance (rural, urban, or intense urban disturbance) and the amount of land -disturbance. The combined rates (plan review + permit fees) are as follows: ➢ The Rural Disturbance Rate is applied only in unincorporated Orange County with development proposing exempt subdivisions, minor subdivisions, single-family residential, duplex -residential and recreational development. ➢ The Urban Disturbance Rate is applied primarily to properties inside the municipalities (Carrboro, Chapel Hill, Durham, Hillsborough and Mebane). This urban rate also applies to non -rural development, as described above, in unincorporated Orange County, as long as less than 50% of the tract being developed is disturbed. ➢ The Intense Urban Disturbance Rate is applied County wide if more than 50% of the tract is disturbed, regardless of development type. Definitions for Determining Stormwater Management Plan (SMP) Review Fees: A A Non -LID Project is a project in which SMP requirements will be met via the installation of permanent SCMs, in conformance with the NCDEQ Stormwater Design Manual. ➢ An LID Project is a project in which SMP requirements will be met via the implementation of Low Impact Development (LID) criteria as defined in Chapter 2 of the most recent version of the North Carolina Low Impact Development Guidebook, in lieu of the installation of permanent SCMs. Page 7 Examples of Fee Calculations: For private road construction: Classified as a rural disturbance. The road will be approximately 1,250 feet long; the average width of disturbance will be 30 feet (considered average clearing width for a private road). 1,250' x 30' _ 37,500 square feet or 0.86 acres. The PLAN REVIEW FEE is 0.86 acres x $158.00 per disturbed acre = $135.88. This amount must be included with the application for the review process to begin. The LDP FEE is 0.86 acres x $310.00 per acre = $266.60, rounded to the nearest whole dollar is $267.00. This amount can be included with the application (if construction of the project is certain), or paid prior to the start of construction. For road construction to NCDOT standards: Classified as urban disturbance (less than 50% of the site will be disturbed). The road will be approximately 1,250 feet long; since the entire right -of way must be cleared, the average width of disturbance will be 50 feet. 1,250' x 50' = 62,500 square feet of 1.44 acres. The PLAN REVIEW FEE is 1.44 acres x $272.00 per disturbed acre = $391.68. This amount must be included with the application for the review process to begin. The LAND DISTURBING PERMIT FEE is 1.44 acres x $646.00 per acre = $930.24, This amount can be included with the application (if construction of the project is certain), or paid prior to the start of construction. For a non-residential site: A 0.75 acre lot involving 0.85 acres of disturbance (0.1 acre is the street right-of-way that will be disturbed) and classified as an intense urban disturbance because more than 50% of the tract will be disturbed. The PLAN REVIEW FEE is 0.85 acres x $507.00 per disturbed acre = $430.95, rounded to the nearest whole dollar is $431.00. This amount must be included with the application for the review process to begin. The LAND DISTURBING PERMIT FEE is 0.85 acres x $1,241.00 per acre = $1,054.85, rounded to the nearest whole dollar is $1,055. This amount can be included with the application (if construction of the project is certain), or paid prior to the start of construction. 7. Approximate Date Land Disturbance Will Begin: Give the best estimate possible regarding when the anticipated work will begin. Per the Unified Development Ordinance, staff has 30-days for initial review following receipt of a complete application package. Staff has 15-days to review revised plans. Therefore, for complex plan submittals, we recommend adding 60 calendar days to your initial submittal date as a realistic expectation. This allows you and/or your designer 15-days to turn around any required plan revisions, assuming only one round of corrections are necessary. 8. Landowner(s) of Record: Give the requested information for all of the current owners listed on the deeds and/or instruments listed in answer to question number 10 below. Give all of the information, including the current mailing address, requested for each owner. 9. Future Landowner(s) (if applicable); If another person(s) or firm(s) will take possession of the property, initiate and conduct the land disturbance, give the requested information for all of the known future owner(s) to be listed on the deeds and/or instruments to be recorded. Give all of the information, including the current mailing address, requested for each owner. This does not apply to subdivisions where individual lots may be sold to builders or homeowners and it is unrealistic for the person financially responsible to know or involve these owners in advance. Example: Where a tract is under a purchase option, show the current owner as the Landowner and the future Landowner as the developer holding the option and developing the property (applying for subdivision approval, erosion control plan approval, etc.). 10. Person(s) or Firm(s) Financially Responsible for the Disturbance: This can be the current owner, the developer, the person or firm holding a lease or option on the property. This the party paying the fees for the development, land disturbance, and construction of the property, not the building or grading contractor who will be hired to perform the clearing and implement the erosion control plan, even though there is a contract agreement stating that the contractor is responsible for implementing the erosion control plan. The contractor is ultimately liable to the owner/developer; the owner/developer. The person financially responsible is liable to the County for both the implementation and success of the approved plan. Statements on the plan that the contractor is responsible do not remove responsibility for compliance with the UDO, and/or for enforcement actions and/or fines and penalties. Page 8 11. Registered Agent (if any) for the Person Financially Responsible: A North Carolina agent is required if the applicant if the applicant is not a resident of North Carolina. This may be an attorney, engineer, etc. acting as an agent for the owner of this site. 12. Description of Land Disturbance 1 Construction: What is being built: office buildings, apartments, street, parking lot, sewer line, etc.? List all the various components of the project. 13. Plans Prepared By: Name, mailing address, and telephone number of the person or firm that prepared the plan. In the interest of time and effort, erosion control 1 stormwater personnel will contact this person about revisions to the proposed plan instead of contacting the owner/developer. 14. Signature and Witness: This application and statement of ownership must be signed under oath by the financially responsible person, if an individual or by an officer, director, partner, attorney -in -fact, or other person with authority to execute instruments for the financially responsible person if not an individual. This form must be signed in the presence of a Notary Public and signed and sealed by that Notary. When and Where to Submit the Application At least 60-d4yprior to the desired start of construction, submit the completed, signed, and notarized application together with the plans and a check for the plan review fee (plus the Land Disturbing Permit fee, if you decide to include it) to the address at the top of the first page of the application. Make checks payable to "Orange County". You may ship, mail or hand deliver the plans. Please note that hand delivery does not expedite the review process. Our policy is to review the plans in the order as they are received and deemed sufficient. If interested in electronic plan submittal and review, please check with us as we will soon be accepting Land Disturbing Permit applications, online payment and electronic plans via our new Citizen Self Serve (CSS) portal. The review can be conducted electronically and, upon approval, we would require a paper copy for our files. Review and Response to the Application The Orange County UDO allows tip to 30 days for initial review and response to the erosion control l stormwater management plan, followed by up to 15 day re -submittal reviews if necessary. The plan will be reviewed and the designer contacted if there are questions or if revisions are needed. A site investigation is normally a part of the review process. The Ordinance gives erosion control l stormwater personnel the authority to enter the site to conduct investigations and to ensure compliance with the approved plan and Ordinance once work begins. The plan will be approved, approved with conditions of approval, or if disapproved, staff will discuss the needed revisions with the designer in an effort to resolve the issues so that it can be approved. If these efforts are unsuccessful, the plan will remain as disapproved and can be appealed at that time. If approved, an approval packet will be sent to the financially responsible party or registered agent as supplied on the application. Erosion Control and Stormwater Contracts Patrick Mallett Erosion Control & Stormwater pmallett@orangecountync.gov 919-245-2577 Supervisor Christopher Sandt, P.E. Staff Engineer csandt a oran eg coun nc.gov 919-245-2583 Steve Kaltenbach Erosion Control Officer II skaltenbach@oraiigecoiititync.gov 919-245-2588 Kenneth Owens Erosion Control Officer II kowens(rr�oran ecountync..gov 919-245-2584 Nathan Jacobsen Erosion Control Officer I niacobsen(�}a,orangecountync.gov 919-245-2580 Page 9