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
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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
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