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Home My WebLink About3-5-09 EVO2009-00030 NEIL GRADING AGG EXEMPT.TIF✓0 Zu; `i -aX)3o age NEILL GRADING & CONSTRUCTION CO., INC. 3050 First Ave. Ct. S.E., P.O. Box 3916 • Hickory, North Carolina 28603 (828) 324 -6774 • Fax (828) 324 -9632 Ronda Gomez Code Compliance Technician Catawba County utilities & Engineering PO Box 389 Newton, NC 28658 -0389 March 5, 2009 RE: EV02009 -00030 Dear Ms. Gomez, There is no grading being performed at the site in question. The activity over the bulk of the recently logged and clear -cut tract in excess of 1 acre is the conversion of cut over wooded (forestry) to agriculture (pasture grass). After all the stumps and brush are grubbed and burned the land will be seeded for hay and cattle. In the spirit of co- operation we will by the end of the day Friday 3/6/09 have placed erosion control measures where apparent. Please advise if they are adequate or contact me or Jan Wilson @ 828 - 324 -6774 office - 828 - 244 -6269 Ed Neill mobile- 828 - 244 -6262 Jan Wilson mobile to arrange a site visit. Please be reminded that the area in question will be repeatedly subjected to intense flooding which will inundate and destroy any erosion control measures until the existing bridge is replaced. In fact, the only problem area I am aware of is where NCDOT crews have disturbed while dealing with flood debris caught on the upstream side of the bridge which we have offered to add to our burn pile. Please see attached declarations of agricultural exemption for land disturbing activities. Sincerely, Ed Neill EN /tm Enclosure: cc: Jan Wilson Clay Neill, P.E. S WORN DECLARATION OFAGRICULTURAL EXEMPTION FOR LAND DISTURBING ACTIVITIES IN NORTH CAROLINA I, Z4wgr-� C. N ._: /( am the owner of a tract of land in (Printed Name of Owner) County, North Carolina, and I have undertaken a land - disturbing activity on this property located at: 1k PL -4- , s - - The approximate size of the area disturbed is: `7 6 acres. PT 36a8 oy �� 7i3 0 I hereby declare that this land - disturbing activity is undertaken on agricultural land for the production of plants and animals as particularly set forth in GS 113A- 52.01(1) of the General Statutes of North Carolina. It is my intent to follow all applicable Best Management Practices for agriculture as recommended by the C fA -J b 6 County Soil and Water Conservation District, the Natural Resources Conservation Service and the Agricultural Extension Agent. By my sworn testimony to the statements I now make, I realize that the State of North Carolina will no longer pursue any course of action under the Sedimentation Pollution Control Act of 1973 (as amended), as recorded in North Carolina General Statutes Chapter 113A Article 4. I also realize that by my declaration of agricultural activity on this property that the ,�'l County Building Inspection Office will be notified, and that no permits can be issued for this property subsequent to the execution of this document, other than by submission and approval of an acceptable Erosion and Sedimentation Control Plan. It is not my intent to develop this property for business, commercial or residential purposes. I am exempt from regulation by the North Carolina Sediment Control Commission pursuant to GS 113A- 52.01(1). I am aware that this exemption is not applicable to other environmental or regulatory rules or regulations that may apply to mY ► �h ►r` activities. �•`��y"Ahl -- L�,r This the � day of ✓k/ , 20 d 9 . N X O T 0 'o L1G V Signature of Owner ".eq % % Sworn to and subscribed before me thi day of A4 A p e_ l , 20 My commission expires: OU l aN / R00 Notary Public Agexemption 1/01 S WORN DECLARA TION OF A GRICUL TURAL EXEMPTION FOR LAND DISTURBING ACTIVITIES IN NORTH CAROLINA I, z - w '." s c _ ,- "J / t; � , am the owner of a tract of land in (Printed Name of Owner) County, North Carolina, and I have undertaken a land - disturbing activity on this property located at: I fl j r �_ I `J FTj: o9 - a7- CA78 The approximate size of the area disturbed is: / acres. I hereby declare that this land - disturbing activity is undertaken on agricultural land for the production of plants and animals as particularly set forth in GS 113A- 52.01(1) of the General Statutes of North Carolina. It is my intent to follow all applicable Best Management Practices for agriculture as recommended by the 6+4 , �il County Soil and Water Conservation District, the Natural Resources Conservation Service and the Agricultural Extension Agent. By my sworn testimony to the statements I now make, I realize that the State of North Carolina will no longer pursue any course of action under the Sedimentation Pollution Control Act of 1973 (as amended), as recorded in North Carolina General Statutes Chapter 113A Article 4. I also realize that by my declaration of agricultural activity on this property that the C 4,9 _ 6 County Building Inspection Office will be notified, and that no permits can be issued for this property subsequent to the execution of this document, other than by submission and approval of an acceptable Erosion and Sedimentation Control Plan. It is not my intent to develop this property for business, commercial or residential purposes. I am exempt from regulation by the North Carolina Sediment Control Commission pursuant to GS 113A- 52.01(1). I am aware that this exemption is not applicable to other environmental or regulatory rules or regulations that may apply tq. RAFt activities. N O Tq This the - day of t f� , 20�. = t 2 A LIG v al) xx Signature of Owner '�� COUN:%`` 11 11 0811111 0% Sworn to and subscribed before me thi day of A(ARC/F .20 My commission expires: /Q 64a29 Notary Public Agexemption 1 /01 CATAWBA COUNTY Utilities and Engineering PO Box 389 100 -A Southwest Boulevard Newton, North Carolina 28658 -0389 Telephone (828) 465 -8161 Fax (828) 465 -8392 http: //www.catawbacountync.gov March 4, 2009 FINANCIER OWNER DEVELOPER NEILL PROPERTIES LLC PO BOX 3916 HICKORY NC 28603 -3916 Case #: EV02009 -00030 Parcel M 362809067130 location of Violation(s): ROCKY FORD RD NEWTON NC Catawba County Code Enforcement Officials, after a visual inspection was made of property owned by you, has found the following violation(s): EROSION CONTROL MEASURES NEEDED 3-3 -09 - GRADING ALONG THE RIVER IS IN NEED OF EROSION CONTROL MEASURES - PLEASE PROVIDE TEMPORARY OR PERMANENT PROTECTION ALONG CREEK BED (SLOPE) AND INSTALL EROSION CONTROL MEASURES ALONG TOP SLOPE OF CREEK TO PREVENT SEDIMENT FROM LEAVING SITE. IF ADDITIONAL GRADING IS TO BE DONE - EROSION CONTROL PLANS MAY BE REQUIRED (IF GRADING OR REMOVING STUMPS OVER 1 ACRE) IF YOU HAVE ANY QUESTIONS PLEASE LET ME KNOW. THANK YOU THIS IS A VIOLATION OF THE CATAWBA COUNTY CODE OF ORDINANCE (CHAPTER 16, ARTICLE V) Enclosed is a copy of the inspection report performed on 03/31 /200SPlease take corrective action to meet the required performance standards of the Soil Erosion and Sedimentation Control Ordinance on or before 04/14/2009 If you have questions or would like to meet to further discuss the matter, please feel free to call me between 8am and 5pm at the number listed below. Thank you in advance for your cooperation. Sincerely, Ronda Gomez Catawba County Utilities & Engineering Code Compliance Technician (828) 455 -8974 SEDIMENTATION INSPECTION REPORT CATAWBA COUNTY UTILITIES & ENGINEERING DEPARTMENT PO Box 389, Newton, NC 28658 (828) 465 -8161 FAX (828) 465 -8392 Project Grading Project Number EV02009 -00030 Person Financially Responsible Neill Properties. LLC Address PO Box 3916 Hickory, NC 28603 1. Project Location Rocky Ford Rd Pictures: Prints N Slides ❑ Digital ❑ Video ❑ 2. Weather and Soil Conditions Damp, Workable 3. Is site currently under notice of violation? Yes ❑ No N If no, check violations below: 5. Violations (refer to Catawba County Local Ordinance Chapter 31): ❑ a. No approved plan 31-4 ( c ) ❑ g. Inadequate buffer zone 31 -5 (a) (1) ❑ b. Failure to follow approved plan 31 -5 (f) ❑ h. Graded slopes and fills too steep 31 -5 (b) ❑ c. Failure to submit revised plan 31-6 (m) N i. Unprotected exposed slopes 31 -5 (b) N d. Failure to provide adequate groundcover 31 -5 (d) N j. Failure to maintain erosion control measures 31 -13 Ne. Insufficient measures to retain sediment on site 31 -7 (e) ❑ k. Notice of activity initiation 31 -6 0) N f. Failure to take all reasonable measures 31-4 (d) ❑ 1. Other (describe): 6. Phase of Grading ❑a. rough grading complete ❑ b. final grading complete Description: 7. Potential NPDES Permit violation? Yes ❑ No N Describe 8. Has sedimentation damage occurred? Yes N If yes, where? (check all that apply) No ❑ Lake /natural watercourse on the tract N Lake/natural watercourse off the tract ❑ Other property ❑ Road/walkway ❑ Description: Degree of damage: Slight N Moderate ❑ Severe ❑ 9. Contact made with (name) Title Inspection report in case file due to no activity ❑ given ❑ or sent N to Person Financially Responsible. Date given/sent: 3/3/09 10. Corrective actions needed: ❑ Submit an adequate sedimentation and erosion control plan for approval, covering all areas disturbed or to be disturbed. ❑ Submit a revised sedimentation and erosion control plan for approval for the following areas: ❑ Install all sedimentation and erosion control measures as shown on the approved plan, including but not limited to the following locations: ❑ Install temporary sediment traps, basins and rock dams and associated diversions as shown on the approved plan, including but not limited to the following locations: ❑ Install erosion and sediment control devices sufficient to retain sediment on the tract: ❑ Install adequate drop inlet protection as shown on the approved plan, including but not limited to the following locations: N Provide adequate temporary or permanent ground cover on all graded slopes where rough or fine grading has been completed for 21 calendar days, including the following areas: ❑ Provide adequate permanent ground cover on all areas where development has been completed for 15 working or 90 calendar days, whichever is shorter (15 working or 60 calendar days, whichever is shorter, in High Quality Waters): ❑ Maintain all sedimentation and erosion control measures as specified in the approved plan and as required to prevent sedimentation damage including the following locations: 11. Comments: Provide temporary or permanent protection along creek bed (slope) install BMP erosion control measures al to slopFof creek to prevent sediment from leavine site. ❑ No activity since last inspection: Report by: Ronda Gomez Others present: Date of inspection: 3 -3 -09 Time arriving at site: 2:00 nm Time leaving site: 2:15 pm cc: it t rte. Al i el , IV