SW6200704_Emails_20201125

Georgoulias, Bethany
From: Farkas, Jim J
Sent: Wednesday, November 25, 2020 12:12 PM
To: [e-mail]
Cc: Lawyer, Mike
Subject: RE: [External] RE: SW6200704 - Cypress Pointe
OK. Sounds good. If you want, you can send in what you have now so I can start reviewing that and once the O&M
agreement form gets signed, you can send that in and I'll add that to the file (If you think getting the O&M form signed
will take a while. If not, just send everything together).
-Jim
From: [e-mail] <[e-mail]>
Sent: Wednesday, November 25, 2020 11:13 AM
To: Farkas, Jim J <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: [External] RE: SW6200704 - Cypress Pointe
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Jim,
I am going to upload the revised drawings and documents for Cypress Pointe in a few minutes. I have updated the site to
use infiltration basins and updated the documents accordingly. The only documents not included are the signed O&M
forms. I will have them signed after Thanksgiving and upload them as soon as available. I will mail the entire package of
hard copies as soon as I have everything.
Thank you for your help and have a Happy Thanksgiving.
Jeffrey Nobles, PE
Larry King & Associates, RLS, PA
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this
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From: Farkas, Jim J <[e-mail]>
Sent: Monday, November 23, 2020 10:12 AM
To: [e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: [External] RE: SW6200704 - Cypress Pointe
Jeff,
You are correct in stating that, per N.C.G.S. 143-214.7(c3), projects located within 5 miles of an airport are not required
to use SCMs that pond water, however projects in this 5 mile zone can use ponding SCMs if they so choose. You are free
to use whatever SCM you want, provided all of the applicable MDCs are met (The rule states "shall not be required", not

"shall not be allowed"). N.C.G.S. 143-214.7(c3) does not supersede the requirements of 15A NCAC 02H .1003(3)(a),
either Runoff Volume Matching or Runoff Treatment must be met, it only forbids the Division from requiring ponding
SCMs (Which I'm not doing) and allows for airport specific alternative designs for certain SCMs. Providing a single dry
pond for stormwater treatment does not meet either Runoff Volume Matching (Since insufficient stormwater runoff is
infiltrated) or Runoff Treatment (Since a dry pond is a secondary SCM).
If, for example, this project were proposing a dry pond as part of a treatment train or for quantity management (i.e. a
secondary SCM), you would be allowed to implement the dry pond alternative design as outlined in Table 1 of Part E-4
of the Manual (Reducing the drawdown time to 40 hrs, eliminating the small permanent pool, using steeper side slopes,
& using a non-forebay pretreatment method). This section does not state that a dry pond is considered to be a primary
SCM nor that it can be used as a replacement for a wet pond within the 5 mile airport zone. A dry pond is still a
secondary SCM (Since it is not listed as a primary SCM per 15A NCAC 02H .1002(37) and nothing in Part E-4 of the
Manual states that it can be used as a primary SCM) and therefore cannot fully meet the requirements of Runoff
Treatment. The treatment swale entry in Table 1 specifically states that swales are secondary SCMs since, under certain
circumstances, they can be treated as primary SCMs, but for most applications, they are still secondary SCMs.
You can use an infiltration basin or open bottomed sand filter provided you can meet the applicable MDCs.
I hope that answers your question. Let me know if you have any others,
Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources — Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
[phone]
Jim. Farkas( a�ncdenr.gov
A T`. [dFSk Vld.M
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: [e-mail] <*[e-mail]>
Sent: Friday, November 20, 2020 3:29 PM
To: Farkas, Jim J <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: [External] RE: SW6200704 - Cypress Pointe
&[e-mail]
xternal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Can you help me understand what I am missing with the airport requirement? The statute says the state cannot require
the use of any device that promotes standing water, but most developments of this size generally use the types of SCM's
mentioned in the statues. Table 1 in E-4 (airports) reads as if Dry Ponds can be used if drawdown times are in
accordance. It does not say that Dry Ponds can only be used as a secondary SCM as it specifies for Treatment Swales (I
understand Dry Ponds are normally secondary SCMs under normal circumstances). All this to say, this was the thought
process when preparing the design and I discussed with Mike Lawyer prior to submittal of our plans. So am I reading the
comments to mean that we cannot use just Dry Ponds in as our SCM within the airport protection area?
If Dry Ponds are not going to be allowed, can we use an infiltration basin even though Table 1 says it is not advisable?
Thanks for your help.
Jeffrey Nobles, PE
Larry King & Associates, RLS, PA
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this
email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete
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information is strictly prohibited.
From: Farkas, Jim J <[e-mail]>
Sent: Thursday, November 19, 2020 9:11 AM
To: *[e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: [External] RE: SW6200704 - Cypress Pointe
OK, If you can get it in before Thanksgiving, I'll retract the letter (I haven't sent out the hard copy yet).
Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources — Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
[phone]
[e-mail]

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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
From: *[e-mail] <[e-mail]>
Sent: Thursday, November 19, 2020 9:04 AM
To: Farkas, Jim J <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: [External] RE: SW6200704 - Cypress Pointe
External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment t
[e-mail]
Hey Jim,
I am actually working on the project this week to try to address your comments.
Jeffrey Nobles, PE
Larry King & Associates, RLS, PA
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this
email in error please notify the system manager. This message contains confidential information and is intended only for the individual named. If you are not the named
addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this
information is strictly prohibited.
From: Farkas, Jim J <[e-mail]>
Sent: Thursday, November 19, 2020 8:34 AM
To: *[e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: SW6200704 - Cypress Pointe
Good Morning,
The Division of Energy, Mineral and Land Resources received and accepted a State Stormwater Management Permit
Application for the subject project on July 28, 2020 and requested additional information on August 31, 2020 and
November 2, 2020. A review of the application indicates that the information requested on August 31, 2020 has not
been received in this Office within the stipulated timeframe. Per the requirements of Title 15A NCAC 02H .1042(3)(a)(ii)
of the Stormwater Management Rules, this Office is hereby returning the subject application as incomplete. The $505.00
application fee has been forfeited and a new fee will need to be provided if you choose to resubmit this application in
the future.

The original signed letter is being mailed to Palmer N. Williams at:
Pelican Property Holdings, LLC
2709 Thorngrove Court
Fayetteville, NC 28303
Thank you,
Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources — Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
[phone]
Jim. Farkas( a�ncdenr.gov
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.
From: Farkas, Jim J
Sent: Monday, August 31, 2020 3:32 PM
To: [e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: SW6200704 - Cypress Pointe
Good Afternoon,
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater Management Permit Application
for the subject project on July 28t", 2020. A review of that information has determined that the application is not

complete. Attached is a letter describing the items that need to be submitted. If you have any questions, please feel free
to contact me. My contact information is listed below.
Thank you,
Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources — Stormwater Program
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
[phone]
Jim. Farkas gncdenr. gov
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Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.