SW6231108_Response To Comments_20240318

4006 Barrett Drive,Suite 104
ovvrrian Raleigh,North Carolina,27609
TEL [phone]
Project: Hoke County Apartments
Location: Scull Road&US401,Hoke County
Jurisdiction: NCDEQ
Date: 3/15/2024
Subject: SW 6231108 Comments
Application Comments Response
1. Project Area The Project Area is 17.56 acres
a. The total project area shown on the plans is much larger than the throughout the package now, all
project area listed in the Application, Section IV, 7 of 8.73 acres. The four parcels are considered on-site.
deed restrictions provided indicate that the project area consists of An updated Deed Restriction was
parcels 494560301444,494560301440,494560301442, and provided in the package that is
494560301443. The project area listed in the Supplement-EZ is 17.56 consistent with the SCM design.
acres. Please revise the package as needed for consistency.
i. If the project area shown on the plans and deed restrictions is
accurate,the subdivided parcels would be considered on-site
and would not need to be accounted for as off-site areas
draining to the SCM. The information provided in the
Supplement-EZ appears to correspond to this,but there is a
discrepancy in the Application. Ensure the information
presented is consistent across the package.
ii. Per the deed restrictions provided, it appears that the
development involves outparcels being subdivided from the
main tract and sold. These recorded deed restrictions and
protective covenants would ensure that the development
within the project maintains a"built-upon" area consistent
with the design criteria used to size the SCM.
1. The sum of the BUA listed in the deed restrictions is
9.73 acres(4.54+2.49+1.65+1.05=9.73 acres),but
the total impervious area listed in the package is
10.30 acres(448,705 SF). Please clarify if the
discrepancy is due to off-site BUA or revise for
consistency.

4006 Barrett Drive,Suite 104
ovvrrian Raleigh,North Carolina,27609
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iii. If these parcels are not part of the project area, and the deed
restrictions not recorded, a legal agreement will need to be
recorded limiting the BUA. Per 15A NCAC 02H
.1003(3)(b), off-site areas that are not bypassed around an
SCM must be accounted for at their full build-out potential
(in proposed conditions). The full build-out potential of these
off-site areas can be determined by having the property
owner(s)enter into a legal agreement limiting the amount of
off-site BUA and drainage area draining from the off-site
areas to the SCM(s)or by assuming that these off-site areas
are 100%BUA(their full build-out potential). It is
recommended to bypass off-site areas around the SCMs as
the permittee does not have control over property outside of
the project area.Please revise as needed(See later comment).
2. "Existing BUA"refers to BUA that was located within the project area prior The"Existing BUA was revised to
to the rules going into effect in this area(July 1,2007),not just what happens 0 sf throughout the package to
to be currently located within the project area per 15A NCAC 02H .1002 reflect the conditions in 2007.
(17). If BUA was constructed after the rules were implemented in the area
and would remain,it would be considered"proposed"for the purposes of this The grading was revised so all on-
application. Per 15A NCAC 02H .1042 (2) (g) (v), site layout showing all site BUA is captured and treated by
existing and proposed built-upon areas is required. It appears that the the SCM.
"Existing BUA"listed in the package does not meet this requirement. Please
revise the package.
a. Because the BUA on-site is not considered"existing,"the
Supplement-EZ Form and Section IV, 10 of the Application will need
to be revised.
b. The plans indicate BUA is by-passed and not captured and treated by
the SCM. For the project to meet Runoff Treatment, "...the volume of
stormwater runoff generated from all of the built-upon area of a
project at build-out during a storm of the required storm depth is
treated in one or more primary SCMs..."Please ensure that all
proposed BUA is being treated in one or more primary SCMs. If it is
not possible to capture and treat all BUA,the uncaptured area can be

4006 Barrett Drive,Suite 104
ovvrrian Raleigh,North Carolina,27609
TEL [phone]
permitted as low-density area(provided it meets all of the low-
density requirements). If it is not possible to permit this area as a low-
density area, it may need to be handled as a variance per 15A NCAC
02H .1003(6). Please revise the application and design as needed.
3. Please correct the following issues with the Application: The applicant is J&K General
a. Section III—This project area contains multiple parcels owned by Contractor, Inc.A Landowner
multiple property owners. (It is recognized that Mubarak Shahbain is Consent Letter was provided for
the President of J&K General Contractor, Inc.,but the information the three parcels owned by
provided on the application needs to match the deed,and the Mubarak Shahbain.
corporation is distinct from the individual.)If J&K General
Contractor,Inc.,is the applicant,it is developing on behalf of the All relevant deeds and plats were
property owner(Mubarak Shahbain)for the properties not owned by included in the package.
J&K General Contractor, Inc.
i. Ensure all deeds are provided in the electronic repository, Documentation from NC Secretary
only the deed described above was previously uploaded. of State for J&K General
ii. Upload documentation from the NC Secretary of State which Contractor, Inc.was provided.
supports the titles and positions held by the persons listed in
Contact Information,and the demonstrates that the
corporation is active and in good standing per 15A NCAC
2H.1003(e).
4. Please correct the following issues with the Supplement-EZ Form: All requested revisions were made
a. Cover Page—Line 7-9: While there is no surface water, and therefore to the Supplement-EZ form.
no vegetated setbacks associated with this project,please fill in. Per
15A NCAC 02H .1017 (10),the vegetated setback shall be at least 30
feet in width. The vegetated setback must remain vegetated. Please
fill in"N/A"for Line 9, as"No"indicates that BUA is proposed in
the setback that does not meet requirements.
b. b.Wet Pond Page—Line 6: There appears to be a retaining wall,
please revise.
c. c. Wet Pond Page—Line 32: The volume provided does not
correspond with the volume provided in the calculations. Please
revise for consistency.

4006 Barrett Drive,Suite 104
ovvrrian Raleigh,North Carolina,27609
TEL [phone]
d. d. Wet Pond Page—Line 35: The design volume of the SCM is the
volume between the temporary pool and the permanent pool. Per the
provided drawdown calculations,this volume is 38,972 CF. Please
revise.
5. Please correct the following issues with the O&M Agreement: Elevations on the O&M Agreement
a. The elevations listed for sediment removal and bottom for the were corrected. The revised sheet
forebay and main pond provided in the O&M Agreement is was included in the package.
inconsistent with the package. Please revise.
6. The information provided in the Drainage Area 1 Columns of the Application Information in the plans,report,
Section IV, 10, Impervious Surface Area Table and Supplement-EZ, and Supplement-EZ were revised
Drainage Areas Page should be consistent. The impervious area table for consistency.
provided on the Cover Page of the plan set is consistent with the information
provided in the Application but does not include the"future"impervious area
that was provided on the Application. Revise as needed for consistency.
7. Wet Pond The intermediate weir was raised
a. For a wet pond,the temporary pool is the elevation of the lowest to 256.6. This elevation was used
bypass weir/orifice in the outlet structure. It appears in the plans that as the temporary pool elevation.
the lowest bypass is an intermediate weir at elevation 256.1,please
revise the package as necessary,including the O&M Agreement and The forebay entrance is shown as
calculations(it is reported correctly in the Supplement-EZ). being deeper than the entrance in
b. Per Wet Pond MDC 5b: The forebay entrance shall be deeper than the"Profile of Wet Pond Detention
the forebay exit. Please revise the plans accordingly. System"on sheet C6.0.
While it is not required,it is recommended that the off-site drainage from upstream All area going to the SCM is
properties be diverted around the SCM since the Applicant cannot maintain control considered on-site. Deed
over the development of property that they do not own. If the Applicant elects to Restrictions were provided to
account for off-site drainage, it must either be accounted for as 100%BUA(its full ensure that future development is
build out potential, or there must be a recorded legal agreement in place between the consistent with the design.
Applicant and the Owner of the upstream property in which the Owner of the
upstream property agrees to record a deed restriction limiting the minimum/maximum
amount of BUA on the upstream property that will be treated in the Applicant's SCM,
the locations and sizes of access and drainage easements,how construction and/or
ongoing maintenance costs will be handled,maintenance responsibility, a list of legal

4006 Barrett Drive,Suite 104
OVVIT1I1 Raleigh,North Carolina,27609
TEL [phone]
recourses available to each party should one party fail to hold up their end of the
agreement,and any other related legal issues.
Ensure that the outlet protection sizing associated with FES 400 and FES 500 is The Rip-Rap sizing information for
included the plans that are uploaded to the electronic repository. It is noted that these FES 400 and FES 500 was added
were included in the temporary erosion control plans which are not reviewed as part to the Grading Plan, sheet C4.0.
of this application. Either upload the temporary erosion control sheet that shows the
rip-rap sizing,or label the rip-rap sizing on the permanent condition sheets
(preferred).