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HomeMy WebLinkAbout20060796 Ver 3_Email_20160825 Montalvo, Sheri A From:Hy Nguyen <HNguyen@dprassociates.net> Sent:Wednesday, August 24, 2016 10:02 AM To:Larsen, Cory Cc:Johnson, Alan; Griffin Query; Thomas Johnson; Anne Scott; Lee Mclaren Subject:RE: WATERFORD Stormwater Permit - Kannapolis Attachments:13052-Impervious Calcs_OVERALL SITE.PDF Follow Up Flag:Follow up Flag Status:Flagged Cory Attached is the overall BUA of the site that we came up with in 2014. I thought we might’ve sent this to either Alan or Wes Webb, but I can’t say for sure. Anyway, please let us when we can expect the approval letter. Sorry for the late response. Thank you. _________________________________ Hy V. Nguyen, P.E. DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 106 M. 704.340.0641 F. 704.332.1210 www.dprassociates.net hnguyen@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only. From: Hy Nguyen Sent: Thursday, August 18, 2016 12:47 PM To: 'Larsen, Cory' <cory.larsen@ncdenr.gov> Cc: Johnson, Alan <alan.johnson@ncdenr.gov>; Griffin Query <Griffin.Query@Lennar.com>; Thomas Johnson <Thomas.Johnson@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Lee Mclaren <lmclaren@dprassociates.net> Subject: RE: WATERFORD Stormwater Permit - Kannapolis Cory rd Attached is the corrected DA Map for the 2 BMPs. The 3 DA is bypassed. We’ll look into the BUA and provide you clarification by tomorrow. Thanks, _________________________________ Hy V. Nguyen, P.E. 1 DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 106 M. 704.340.0641 F. 704.332.1210 www.dprassociates.net hnguyen@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only. From: Larsen, Cory \[mailto:cory.larsen@ncdenr.gov\] Sent: Thursday, August 18, 2016 12:19 PM To: Hy Nguyen <HNguyen@dprassociates.net> Cc: Johnson, Alan <alan.johnson@ncdenr.gov>; Griffin Query <Griffin.Query@Lennar.com>; Thomas Johnson <Thomas.Johnson@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Lee Mclaren <lmclaren@dprassociates.net> Subject: RE: WATERFORD Stormwater Permit - Kannapolis Hy, I did not see the drainage maps in the plan set originally and was referring to the maps provided in the BMP calculation and design package. A revised DA map will still be useful that shows the BUA and how much will be treated. I spoke with Alan and he said the project came in as a low density development. With that in mind, I agree with the proposed measures in general to provide equal treatment to strict vegetated conveyances but would like to you provide a summary of all BUA and the total project area to confirm that it is indeed under 24%. It appeared to me to be over 24% but you can hopefully clarify that on the revised post development figure as well. Once we have this in order, I’ll provide a letter that communicates that the plan satisfies the stormwater requirement in the Division’s 401 approval letter. From: Hy Nguyen \[mailto:HNguyen@dprassociates.net\] Sent: Thursday, August 18, 2016 11:39 AM To: Larsen, Cory <cory.larsen@ncdenr.gov> Cc: Johnson, Alan <alan.johnson@ncdenr.gov>; Griffin Query <Griffin.Query@Lennar.com>; Thomas Johnson <Thomas.Johnson@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Lee Mclaren <lmclaren@dprassociates.net> Subject: RE: WATERFORD Stormwater Permit - Kannapolis Cory: See my responses below. 1. We can. The post drainage with proposed contours are on Sheet L-15 as well. But we will mary the two and send you a revised PDF. 2. We have captured and provide treatment for as much BUA as we could practically do. The revised DA map will illustrate it better. 3. Our design has been understood as a “hybrid” version of a standard dry detention pond. The level spreader was an extra element we agreed to incorporate with the dry pond, as part of our discussion and agreement with Alan. Level spreader is concrete, dead level, and functions as long weir to diffuse the flow for WQV in a “sheetflow” condition. Please connect with Alan for more background info. My email attachments previously to you showed all the communication with Alan in 2014 and again in July this year. We would rather not re-invent the wheel 2 years after the design was officially approved. 2 Thank you. _________________________________ Hy V. Nguyen, P.E. DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 106 M. 704.340.0641 F. 704.332.1210 www.dprassociates.net hnguyen@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only. From: Larsen, Cory \[mailto:cory.larsen@ncdenr.gov\] Sent: Wednesday, August 17, 2016 1:09 PM To: Hy Nguyen <HNguyen@dprassociates.net> Cc: Johnson, Alan <alan.johnson@ncdenr.gov>; Griffin Query <Griffin.Query@Lennar.com>; Thomas Johnson <Thomas.Johnson@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Lee Mclaren <lmclaren@dprassociates.net> Subject: RE: WATERFORD Stormwater Permit - Kannapolis The post development drainage map is drawn on the existing elevation contours and not very useful. Can you provide one with final grading and drainage contours? Have you captured and provided treatment of runoff from all impervious areas? The dry detention basins do not meet our normal criteria for high density developemnts and the level spreaders don’t appear designed to provide diffuse flow for the WQV. I have not been able to connect with Alan yet but I do have some concerns about this. Please provide this information at your convenience. Cory Larsen, PE Stormwater Engineer 401 & Buffer Permitting Branch NCDEQ – Division of Water Resources 919.807.6379 office cory.larsen@ncdenr.gov 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hy Nguyen \[mailto:HNguyen@dprassociates.net\] Sent: Monday, August 15, 2016 5:39 PM To: Larsen, Cory <cory.larsen@ncdenr.gov> Cc: Johnson, Alan <alan.johnson@ncdenr.gov>; Griffin Query <Griffin.Query@Lennar.com>; Thomas Johnson <Thomas.Johnson@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Lee Mclaren <lmclaren@dprassociates.net> Subject: RE: WATERFORD Stormwater Permit - Kannapolis 3 Cory Thanks for your time discussing this project with me. Per your request, please find attached the following: - Alan Johnson “permit emails” on 7-14-16 & 11-5-14 - The latest approved subdivision PDF plans for Waterford. The “hybrid” Stormwater BMP plan is on sheet L- 14. - Stormwater BMP Calculations in PDF. Let us know if you need anything else, so that we can put this matter behind us. Thank you. _________________________________ Hy V. Nguyen, P.E. DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 106 M. 704.340.0641 F. 704.332.1210 www.dprassociates.net hnguyen@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only. From: Hy Nguyen Sent: Monday, August 15, 2016 5:13 PM To: 'cory.larsen@ncdenr.gov' <cory.larsen@ncdenr.gov> Subject: RE: WATERFORD - Kannapolis Cory- See attached email from Alan Johnson. _________________________________ Hy V. Nguyen, P.E. DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 106 M. 704.340.0641 F. 704.332.1210 www.dprassociates.net hnguyen@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only. From: Griffin Query \[mailto:Griffin.Query@Lennar.com\] Sent: Thursday, August 11, 2016 2:36 PM To: Hy Nguyen <HNguyen@dprassociates.net>; Anne Scott <AScott@dprassociates.net> Subject: FW: WATERFORD - Kannapolis See below. 4 <image001.png> Griffin Query Land Development Manager Lennar Carolinas, LLC griffin.query@lennar.com www.lennar.com Cell: 980-298-3789 Office: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 From: Larsen, Cory \[mailto:cory.larsen@ncdenr.gov\] Sent: Thursday, August 11, 2016 2:32 PM To: Griffin Query Cc: Johnson, Alan Subject: RE: WATERFORD - Kannapolis ** This email is from an external sender: cory.larsen@ncdenr.gov. Please forward suspicious emails to NotifySecurity@lennar.com ** Ideally you’d submit a change of ownership form for the permit but with a 401 WQC it’s a little different than state stormwater permit. In any case, the Division should be notified when the transfer occurs and the O&M agreement should be updated and sent to us with the HOA as new responsible party. BMP maintenance is the responsibility of the current landowner. The Division is not responsible for the stormwater plan review, that is Kannapolis. You must submit an approved plan to us prior to proceeding with authorized impacts. Alan did not approve your stomrwater plan but he issued the 401 with the conditional approval which is contingent on receipt of the locally approved SMP. Work with Wess Webb on that. Cory From: Griffin Query \[mailto:Griffin.Query@Lennar.com\] Sent: Thursday, August 11, 2016 2:06 PM To: Larsen, Cory <cory.larsen@ncdenr.gov> Subject: FW: WATERFORD - Kannapolis Cory, Thanks for taking the time to call me today to discuss our Waterford site. I just wanted to sum up our conversation as I'm sure Kannapolis will require confirmation. As far as transferring the ownership from Lennar to the HOA, you are satisfied with the language in BMP Operation and Maintenance Agreement covering this. For the stormwater plan, you are ok with the plans that Alan Johnson previously approved. Let me know if this is accurate or if you have any additional comments. Thanks again for the help. <image001.png> 5 Griffin Query Land Development Manager Lennar Carolinas, LLC griffin.query@lennar.com www.lennar.com Cell: 980-298-3789 Office: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 From: Griffin Query Sent: Wednesday, August 10, 2016 3:40 PM To: cory.larsen@ncdenr.gov Subject: FW: WATERFORD - Kannapolis Cory, I have reviewed our 401 approval letter and I do not see anything that resembles the language you stated below. What is the best way to get this language incorporated into our job through you guys to satisfy the city of Kannapolis? I wasn’t sure if there is a letter revision that could be issued or what the best option is. I have a deed restriction and protective covenants form ready to be signed, I’m just waiting for approval on it from Kannapolis before getting it signed. Does this document need to be recorded in the county or does the signed copy go straight to you guys? Our stormwater plan was approved by Alan Johnson when we started this project about years ago. If you need any further information on this please let us know. Thanks. <image001.png> Griffin Query Land Development Manager Lennar Carolinas, LLC griffin.query@lennar.com www.lennar.com Cell: 980-298-3789 Office: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 From: Thomas Johnson Sent: Friday, August 5, 2016 2:39 PM To: Griffin Query <Griffin.Query@Lennar.com> Cc: Anne Scott <AScott@dprassociates.net>; Hy Nguyen <HNguyen@dprassociates.net> Subject: Fwd: WATERFORD - Kannapolis Sent from my iPhone Begin forwarded message: 6 From: "Larsen, Cory" <cory.larsen@ncdenr.gov> Date: August 5, 2016 at 2:31:34 PM EDT To: "Johnson, Alan" <alan.johnson@ncdenr.gov>, "Thomas.Johnson@Lennar.com" <Thomas.Johnson@Lennar.com> Subject:RE: WATERFORD - Kannapolis ** This email is from an external sender: cory.larsen@ncdenr.gov. Please forward suspicious emails to NotifySecurity@lennar.com ** Tom – A few things. The 401 approval letter will contain condition language like this: a) Maintenance activities for the BMP shall be performed in accordance with the notarized O&M agreements signed by PERMITTEE on DATE. The O&M agreement shall transfer with the sale of the land or transfer of ownership/responsibility for the BMP facility. The Division shall be notified promptly of every transfer. BMP O&M agreements typically restrict an HOA from becoming the legally responsible party until at least 50% of the lots have been sold and the HOA has a named president. I am not as knowledgeable on the actual legal process of transferring common property to the HOA whether that is sold to them or built into the lot pricing and at what point that typically happens for homebuilders. We also may ask for a deed restriction with protective covenants for the subdivision to be completed prior to approving the stomrwater management plan and that document runs with the land and all parties of ownership. Cory Larsen, PE Stormwater Engineer 401 & Buffer Permitting Branch NCDEQ – Division of Water Resources 919.807.6379 office cory.larsen@ncdenr.gov 1617 Mail Service Center Raleigh, North Carolina 27699-1617 <image002.png> Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Johnson, Alan Sent: Friday, August 05, 2016 8:28 AM To: Larsen, Cory <cory.larsen@ncdenr.gov> Subject: FW: WATERFORD - Kannapolis From: Thomas Johnson \[mailto:Thomas.Johnson@Lennar.com\] Sent: Thursday, August 04, 2016 11:43 AM To: Wes Webb <wwebb@awck.com>; Griffin Query <Griffin.Query@Lennar.com>; Anne Scott <AScott@dprassociates.net>; Johnson, Alan <alan.johnson@ncdenr.gov> Cc: Mark McGregor <mmcgregor@awck.com>; rgranata@kannapolisnc.gov; Hy Nguyen <HNguyen@dprassociates.net>; rgranata@kannapolisnc.gov; Wally Safrit (wsafrit@kannapolisnc.gov) <wsafrit@kannapolisnc.gov> Subject: RE: WATERFORD - Kannapolis 7 Alan, Is this common? I have never been in a situation where a state-issued permit for BMP's in Lennar's name has to be transferred to the HOA? Thanks, Tom <image003.jpg> Thomas Johnson Director of Land Development Lennar Carolinas, LLC thomas.johnson@lennar.com www.lennar.com Cell Phone: 704-621-8395 Office Phone: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 This e-mail is intended only for the use of the person to whom it is addressed and contains information which may be confidential or privileged. If you are not the person to whom this e-mail is addressed, or an agent authorized by such person to receive this e-mail, you are hereby notified that any examination, copying, distribution or other unauthorized use of this e-mail is prohibited. If you received this e-mail in error, please notify me immediately at the e-mail address referenced above. From: Wes Webb \[mailto:wwebb@awck.com\] Sent: Thursday, August 04, 2016 11:36 AM To: Griffin Query; Anne Scott; Johnson, Alan Cc: Mark McGregor; rgranata@kannapolisnc.gov; Hy Nguyen; rgranata@kannapolisnc.gov; Thomas Johnson; Wally Safrit (wsafrit@kannapolisnc.gov) Subject: RE: WATERFORD - Kannapolis ** This email is from an external sender: wwebb@awck.com. Please forward suspicious emails to NotifySecurity@lennar.com ** Griffin I have forwarded the information to the City attorney for review. You need to ask the State the process for transferring your permit to the HOA. Text on plat maps does not transfer State issued permits or the responsibility for compliance with the permit conditions. Wally will review the information on the additional information about dedicating the easement to the HOA. The easement is for the State’s access rather than the HOA. The HOA will own the property Wes Webb, PE Alley, Williams, Carmen & King, Inc. 120 South Main St. PO Box 1248 Kannapolis, NC 28082-1248 Tel. - (704)938-1515 Fax - (704)938-6810 wwebb@awck.com www.awck.com 8 From: Griffin Query \[mailto:Griffin.Query@Lennar.com\] Sent: Tuesday, August 02, 2016 4:06 PM To: Wes Webb <wwebb@awck.com>; Anne Scott <AScott@dprassociates.net>; Johnson, Alan <alan.johnson@ncdenr.gov> Cc: Mark McGregor <mmcgregor@awck.com>; rgranata@kannapolisnc.gov; Hy Nguyen <HNguyen@dprassociates.net>; rgranata@kannapolisnc.gov; Thomas Johnson <Thomas.Johnson@Lennar.com> Subject: RE: WATERFORD - Kannapolis Attached is a draft of the Deed and Covenant Restrictions, please review and let us know if it is acceptable. Also below is our response to the latest questions, please review and let us know if this takes care of your concerns. <image004.jpg> Griffin Query Land Development Manager Lennar Carolinas, LLC griffin.query@lennar.com www.lennar.com Cell: 980-298-3789 Office: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 From: Wes Webb \[mailto:wwebb@awck.com\] Sent: Friday, July 29, 2016 12:25 PM To: Griffin Query; Anne Scott; Johnson, Alan Cc: Mark McGregor; rgranata@kannapolisnc.gov; Hy Nguyen; rgranata@kannapolisnc.gov; Thomas Johnson Subject: RE: WATERFORD - Kannapolis ** This email is from an external sender: wwebb@awck.com. Please forward suspicious emails to NotifySecurity@lennar.com ** There are a couple of issues that statement does not cover:  The CCR’s are between the Homeowner’s and the Association. It is not an agreement with the State or City to maintain the BMPs and stormwater channels. This is correct  It does not give a regulatory agency the right of access. Can we add the following note to the plat? "The North Carolina Department of Environmental Quality will have the right to enter Stormwater BMP Private Easements".  It does not restrict the lot size impervious area. The impervious area calculations used for the BMP design would have been based on a typical impervious area for each lot. This value cannot be increased unless the value for another lot is going to be reduced or the basin is redesigned. This information is on the attached deed restriction.  The State permit was issued in Developer’s name. Permits do not automatically follow land ownership transfers. I assume that the Lennar does not want to retain responsibility for long term maintenance, which means that you need to have the State transfer the stormwater permit to the HOA for maintenance responsibility. They also need to accept the responsibility for maintenance. Can we add the following note on the plat? "The owner will be held accountable 9 for all BMP maintenance until the Common Open Space is turned over to the HOA. After turnover, the HOA will be responsible for the BMP maintenance."  Who will the proposed stormwater BMP easement be dedicated to? Can we add the following note to the plat? "Common open space in the development shall remain common open space for perpetuity and shall be owned and maintained by the Homeowners Association." You should include the NC DEQ Stormwater Permitting Program in on this discussion. They will tell you what has to be recorded. The State has standard covenant restrictions and deed restrictions that are used on their stormwater projects. These documents are online and would typically be recorded as part of the project. Proposed Deed and Covenant Restrictions is attached. Wes Webb, PE Alley, Williams, Carmen & King, Inc. 120 South Main St. PO Box 1248 Kannapolis, NC 28082-1248 Tel. - (704)938-1515 Fax - (704)938-6810 wwebb@awck.com www.awck.com From: Griffin Query \[mailto:Griffin.Query@Lennar.com\] Sent: Friday, July 29, 2016 11:14 AM To: Wes Webb <wwebb@awck.com>; Anne Scott <AScott@dprassociates.net>; Johnson, Alan <alan.johnson@ncdenr.gov> Cc: Mark McGregor <mmcgregor@awck.com>; rgranata@kannapolisnc.gov; Hy Nguyen <HNguyen@dprassociates.net>; rgranata@kannapolisnc.gov; Thomas Johnson <Thomas.Johnson@Lennar.com> Subject: RE: WATERFORD - Kannapolis Wes, The recorded CCR's for Waterford have the following information. Article III, Section 6. Stormwater Management Improvements. The Association will be responsible for maintenance of any private stormwater management inlets, pipes, swales, channels, check dams, detention ponds or retention ponds, or the like within the Common Area. Such maintenance shall include periodic removal of sediments, restabilization of swales and channels as needed, checking dam repairs, flushing of driveway culverts, maintenance of fencing and vegetation cover as necessary. The use of fences in swales shall be governed by the provisions of Article VI, Section 10(h)(viii) hereof. The Associations responsibility for stormwater management facilities, or any component thereof, and any costs thereof shall be treated as either an expense of the Association, paid through annual and/or special assessments. This should cover your concern on who will handle the long term maintenance. Can we add a note on the plat stating Lennar Carolinas, LLC will be in charge of pond maintenance until the Common Areas are taken over by the HOA? <image005.jpg> Griffin Query Land Development Manager Lennar Carolinas, LLC griffin.query@lennar.com www.lennar.com 10 Cell: 980-298-3789 Office: 704-542-8300 11230 Carmel Commons Boulevard Charlotte, NC 28226 From: Wes Webb \[mailto:wwebb@awck.com\] Sent: Monday, July 18, 2016 7:01 PM To: Anne Scott; Johnson, Alan Cc: Mark McGregor; rgranata@kannapolisnc.gov; Hy Nguyen; Griffin Query; rgranata@kannapolisnc.gov Subject: RE: WATERFORD - Kannapolis ** This email is from an external sender: wwebb@awck.com. Please forward suspicious emails to NotifySecurity@lennar.com ** Anne We are concerned with the long term maintenance of these BMPs and that there should be an enforceable legal agreement to ensure that someone will maintain the devices. There is a considerable amount of money that will be spent on monitoring and maintaining the BMPs since these are perpetual structures. Typically, this agreement is provided by the issuance of a State Stormwater Permit (not a stream impact permit) or the recording of a legal agreement with a Phase II Stormwater Community. You currently have a 401 permit for a stream impact that also references the need for a separate stormwater permit for the BMPs. The State has deed references and protective covenants that are required to be recorded for their stormwater permits. The 401 permit allowed the construction of the stream impact and the State Stormwater Permit ensures that post construction runoff will be treated and the structures maintained. The City will be accepting the culverts and the proposed right of way where the stream impacts occurred under this permit referenced. We do not consider this a transfer of a permit to the City, since the impact being permitted will have been completed by the time the road is transferred. The City is not going to take on the responsibility for maintenance of BMP’s or monitoring stormwater management in the subdivision, since the developer was required to construct these devices as a condition of the 401 permit issuance. The permit is in the developer’s name and the maintenance of the Stormwater BMPs are the Developer’s responsibility. For these types of project, there should be recorded legal documents to ensure that the basins will be maintained and inspected by the Developer or HOA. The document or permit should also have a section for transferring the maintenance requirements to another party, since the Developer usually wants to transfer maintenance requirements to a different entity after the project is completed. The HOA is not typically going to maintain the BMPs unless they have a legal responsibility to perform the maintenance. If these devices are not maintained, they will impact the roads and utilities being dedicated to the City. The attached documents were signed, but how are they binding on the property, since they only discuss maintenance? These documents are usually a portion of the documents sent to the State for a stormwater permit. The permit has conditions concerning the maintenance, operation, monitoring, and reporting. The associated documents that cover Deed Restrictions and Covenants is missing. There is also no reference as to a way to transfer the maintenance responsibility, or a reference to a deed or plat for the property. The only reference is a project name. The document should also be signed by a Manager of the LLC. The person that signed the document may be a manager, but listed his title as a Director of Land Development. 11 As to the proposed easements on the plat, who will the easement be dedicated to and who will sign the plat or legal agreement to accept the easement? An easement typically has to have some form of dedication for it to be binding. Wes Webb, PE Alley, Williams, Carmen & King, Inc. 120 South Main St. PO Box 1248 Kannapolis, NC 28082-1248 Tel. - (704)938-1515 Fax - (704)938-6810 wwebb@awck.com www.awck.com From: Anne Scott \[mailto:AScott@dprassociates.net\] Sent: Monday, July 18, 2016 2:02 PM To: Wes Webb <wwebb@awck.com>; Johnson, Alan <alan.johnson@ncdenr.gov> Cc: Mark McGregor <mmcgregor@awck.com>; rgranata@kannapolisnc.gov; Hy Nguyen <HNguyen@dprassociates.net>; Griffin Query <Griffin.Query@Lennar.com> Subject: RE: WATERFORD - Kannapolis Wes, See enclosed signed O&M forms. The developer will be responsible initially. With current subdivision plan, all BMP easements are outside of lots; easement will be recorded on final plat for common open space area. From: Wes Webb \[mailto:wwebb@awck.com\] Sent: Thursday, July 14, 2016 11:49 AM To: Johnson, Alan <alan.johnson@ncdenr.gov>; Anne Scott <AScott@dprassociates.net> Cc: Mark McGregor <mmcgregor@awck.com>; rgranata@kannapolisnc.gov Subject: RE: WATERFORD - Kannapolis This site has permanent stormwater treatment facilities. There are a couple of items that will need to be resolved:  Who is going to be responsible for the maintenance of the stormwater BMP’s? A legal document will have to be recorded.  Who is going to enforce the maintenance of the stormwater BMP’s? That will be listed in the legal document.  What deed restrictions need to be recorded? Wes Webb, PE Alley, Williams, Carmen & King, Inc. 120 South Main St. PO Box 1248 Kannapolis, NC 28082-1248 Tel. - (704)938-1515 Fax - (704)938-6810 wwebb@awck.com www.awck.com 12 From: Johnson, Alan \[mailto:alan.johnson@ncdenr.gov\] Sent: Thursday, July 14, 2016 11:34 AM To: Anne Scott <AScott@dprassociates.net> Cc: Wes Webb <wwebb@awck.com> Subject: RE: WATERFORD - Kannapolis This was a project that went dead, then came back to life. So there was an issue with a change in our storm water requirements. I was working to try to get the project to handle storm water, when it initially was designed and approved by us prior to the change in rules/regulations. If this was brand new, then it would definitely be reviewed by us (if not reviewed by Cabarrus) and have an SW approval letter from our storm water person. Just show Cabarrus the email chain with “good to go” and it should be good to go. As long as there was no change to the BMP and/or the development that was submitted to me for review. If a number is needed, it would be the DWR# given for the 401. #06-0796V3 From: Anne Scott \[mailto:AScott@dprassociates.net\] Sent: Tuesday, July 12, 2016 11:17 AM To: Johnson, Alan <alan.johnson@ncdenr.gov> Cc: Hy Nguyen <HNguyen@dprassociates.net> Subject: WATERFORD - Kannapolis Alan, You reviewed this project some time ago in 2014, see enclosed documents and email file. Kannapolis is now asking for the NC DEQ permit # for approved stormwater management plan in conjunction with final plat approvals. DPR has not record of such. Was it required for the state to issue a NC DEQ permit for this project? If not can you explain why? _____________________________________ Anne H. Scott DPR ASSOCIATES, INC. landscape architecture, civil engineering, & planning 420 Hawthorne Lane, Charlotte, NC 28204 O. 704.332.1204 Ext. 101 F. 704.332.1210 www.dprassociates.net ascott@dprassociates.net 40 Years. “Making the Land Work for You” Any attached digital file(s) are supplied by DPR Associates, Inc. to the above recipient(s) as a design/ construction aid. Be advised that the attached file(s) may or may not be the final record drawings. Any information obtained from this digital file(s) shall be used for reference only.  Please consider the environment before printingthis e-mail 13 14