HomeMy WebLinkAboutNCC217073_MODIFICATION Supporting Doc (LOTS 1-25)_20230619 Engineering Services Department
Trevor Spencer, P.E.
Director , ',�
NORTH CAROLINA'S INTERNATIONAL CIT7'
June 8, 2023
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 1 - 25
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 Madam:
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.
You may appeal if you disagree with the approval and/or the conditions of the above approval
by writing to the Board of Adjustment within fifteen (15) days following the date of the approval.
Information regarding the City of High Point Board of Adjustment can be found at the following
link: Board of Adjustment I High Point, NC (highpointnc.gov) or upon written request to
Engineering Services.
Conditions of the transfer are:
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
• 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.
• 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. 11 3A-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.
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 $4000.00 for an estimated 4 acres of
disturbance 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. 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.
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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• 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.
• 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 NCGO10 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, NCGO10 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 1313). 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.
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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• 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 1-25
Land-Disturbing Permit (Project ID): EN-21-0264 2400
Limits of Disturbance (in acres) approved: 6.27 acres
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
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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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
• 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 Annette.lucas@ncdenr.gov or Paul Clark at Paul.clark@ncdenr.gov. 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 NCG01 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/NCGO1. 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
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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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,
Anita E. Simpson
Engineering Services Department
(336) 883-8603
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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