HomeMy WebLinkAboutSW8000245_Historical File_20200730ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
July 30, 2020
N&K Development
Atlas: Mr. Wilson Ki, President
1804 Martin Luther King Parkway Suite 209
Durham, NC 27707
NORTH CAROLINA
EnveronmwdW QuaGity
Subject: Approved Minor Modification
Stormwater Permit No. SW8 000245
Deer Crossing
New Hanover County
Dear Mr. Ki:
Effective August 1, 2013, the State Stormwater program was transferred from the Division of Water Quality
(DWQ) to the Division of Energy, Mineral and Land Resources (DEMLR). All previous references to DWQ will
remain in older stormwater permits issued prior to August 1, 2013 until they are modified. Please note that this
permit references DEMLR as the Division responsible for issuance of the permit.
On July 24, 2020, the Wilmington Regional Office of the Division of Energy, Mineral and Land Resources
received a complete minor modification application for changes to the approved plans for Stormwater
Management Permit Number SW8 000245. It has been determined that the nature of the proposed change meets
the definition of a minor modification in that it does not result in an increase in the size of the permitted
stormwater control measure (SCM) and does not increase the amount of built -upon area. Please refer to
Attachment B for a detailed description of the current proposed minor modification. We are forwarding you an
approved copy of the modified plans for your files. Please add the attached plans to the previously approved plan
set. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely
restates and clarifies some of the previous terms to provide you with a better understanding of your obligations
under the permit.
Please understand that the approval of this minor modification to the subject State Stormwater Permit is done on a
case -by -case basis. Any other changes to this project must be approved through this Office prior to construction.
The approval of this minor modification does not preclude the permittee from complying with all other applicable
statutes, rules, regulations or ordinances which may have jurisdiction over the proposed activity, and obtaining a
permit or approval prior to construction.
North Carolina Department of Environrrental Qualit;• Division of Energy, Mineral and :.and Resources
EQ
Wilmington Regional Otfice i 127 Cardinal Drive Extension Wilmington. North Carolina 28405
N.DMI CAROX NA Ir
` � 910,796.7215
State Stormwater Permit No. SW8 000245
Page 2 of 2
If you have any questions concerning this matter, please contact me in the Wilmington Regional Office at (910)
796-7335 or kelly.pjohnson@ncdenr.gov.
Sincerely,
i 7
Kell Jgkin.son
Envitefnne*al FAgineer
Division of Energy, Mineral and Land Resources
Enclosures: Attachment B — Built -Upon Area Allocation
Application Documents
DES/kpj: S:\WQS\Stormwater\Permits & Projects\2000\000245 LD\2020 07 permit 000245
cc: Phil Tripp, PE
Inspector, New Hanover County Building Inspections
NCDOT District Engineer
Beth E. Wetherill, New Hanover County Engineering
Division of Coastal Management
Wilmington Regional Office Stormwater File
State Stormwater Management Systems
Permit No.SW8 000245
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF ENERGY MINERAL AND LAND RESOURCES
STATE STORMWATER MANAGEMENT PERMIT
LOW DENSITY SUBDIVISION DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other
applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
N & K Development
Deer Crossing
Deer Hill Drive, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a 30% low density subdivision in compliance with the provisions of Title 15A
NCAC 2H.1000, effective September 1,1995 (hereafter collectively and separately referred to as the "stormwaterrulesl
and the approved stormwater management plans and specifications, and other supporting data as attached and on file with
and approved by the Division of Energy Mineral and Land Resources (DEMLR) and considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific
conditions and limitations:
I. DESIGN STANDARDS
1. Each of the 139 lots is limited to a maximum amount of built -upon area (BUA) as indicated in Section 11.10 of this
permit.
2. The overall tract built -upon area percentage for the project is limited to a maximum of 30% per the requirements
of the stormwater rules. This permit covers the construction of a total of 808,909 square feet of built -upon area,
which includes 543,458 square feet of proposed BUA, and 265,451 square feet of future BUA allocation per
Attachment B, which is attached as the last page of this permit.
3. Approved plans and specifications for projects covered by this permit are incorporated by reference and are
enforceable parts of the permit.
4. Projects covered by this permit will maintain a minimum 50-foot-wide vegetated buffer adjacent surface waters,
measured horizontally from and perpendicular to the normal pool of impounded structures, the top of bank of each
side of streams and rivers, and the mean high water line of tidal waters.
5. All runoff directed into and through the vegetative buffer must flow through the buffer in a diffuse manner. All
runoff directed into wetlands shall flow into and through the wetlands at a non -erosive velocity of 2 feet per
second or less.
The only runoff conveyance systems allowed will be vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) as defined in the stormwater rules and approved by the Division.
II. SCHEDULE OF COMPLIANCE
Swales and other vegetated conveyances shall be constructed in their entirety, vegetated, and be operational for
their intended use prior to the construction of any built -upon surface.
2. During construction, erosion shall be kept to a minimum and any eroded areas of the swales or other vegetated
conveyances will be repaired immediately.
Page 3 of 6
State Stormwater Management Systems
Permit No.SW8 000245
3. The permittee shall at all times provide and perform the necessary operation and maintenance procedures as
specified in the signed Operation and Maintenance Agreement, such that the permitted stormwater management
system functions as designed and permitted.
4. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and
calculations prior to construction, for any modification to the approved plans, including, but not limited to, those
listed below:
a. Any revision to any of the items shown on the approved plans, including the stormwater management
system, design concept, built -upon area, details, etc.
b. Redesign or addition to the approved amount of built -upon area or to the drainage area.
C. Further subdivision, acquisition, or sale of the project area in whole or in part.
d. Filling in, altering or piping any vegetative conveyance shown on the approved plan.
e. Construction of any future development area on the plan with a BUA allocation.
The permittee shall submit all information requested by the Director or his representative within the time frame
specified in the written information request.
6. No piping shall be allowed except that minimum amount necessary to direct runoff beneath an impervious surface
such as a road and that minimum amount needed under driveways to provide access to lots.
7. The permittee is responsible for verifying that the proposed built -upon area does not exceed the allowable built -
upon area. Once the lot transfer is complete, the maximum allocated built -upon area for the lot may not be
revised without approval from the DEMLR. If the allocated maximum built -upon area on the lot is exceeded, the
permittee shall notify the lot owner in writing and shall require remediabon within a reasonable time frame. If the
situation is not remediated, both the permittee and the lot owner are subject to enforcement action by the DEMLR.
8. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this
permitted facility, the permittee shall cause a certification from an appropriate designer for the system installed to
be submitted, certifying that the permitted facility has been installed in accordance with this permit, the approved
plans and specifications, and other supporting documentation. Any deviations from the approved plans and
specifications must be noted on the Certification. A modification may be required for those deviations.
9. If the permittee sets up an Architectural Review Committee or Board to review new lot plans and subsequent
modifications for compliance with the provisions of this permit and the restrictive covenants, the plans reviewed
must include all built -upon area (BUA) and piping. Any approvals given by the Committee or Board on behalf of
the permittee do not relieve the lot owner or the permittee of the responsibility to maintain compliance with the
permitted lot BUA limit.
10. Deed restrictions are incorporated into this permit by reference and must be recorded with the Office of the
Register of Deeds prior to the sale of any lot. Recorded deed restrictions must include, as a minimum, the
following statements related to stormwater management:
a. The following covenants are intended to ensure ongoing compliance with State Stormwater Management
Permit Number SW8 000245, as issued by the DEMLR under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain
compliance with the Stormwater Management Permit.
C. These covenants are to run with the land and be binding on all persons and parties claiming under them.
d. The covenants pertaining to stormwater may not be altered or rescinded without the express written
consent of the State of North Carolina, DEMLR.
e. Alteration of the drainage as shown on the approved plans may not take place without the concurrence
of the DEMLR.
f. The maximum built -upon area per lot is as specified in Attachment B. This allotted amount includes any
built -upon area constructed within the lot property boundaries, and that portion of the right-of-way
between the front lot line and the edge of the pavement. Built upon area includes, but is not limited to,
structures, asphalt, concrete, gravel, brick, stone, slate, and coquina, but does not include raised, open
wood decking, or the water surface of swimming pools.
g. Filling in or piping of any vegetative conveyances (ditches, swales, etc.) associated with the
development except for average driveway crossings, is strictly prohibited by any persons.
h. For those lots adjacent to surface waters, each lot will maintain a minimum 50-foot-wide vegetated buffer
adjacent surface waters.
All roof drains shall terminate at least 50 feet from surface waters.
Page 4 of 6
State Stormwater Management Systems
Permit No.SW8 000245
Any individual or entity found to be in noncompliance with the provisions of the stormwater management
permit or the requirements of the stormwater rules found in 15A NCAC 02H.1000 and Session Law
2008-211, is subject to enforcement procedures as set forth in N.C.G.S. 143, Article 21.
11. The permittee shall submit a copy of the recorded deed restrictions, which contain all of the above statements,
within 30 days of the date of recording.
12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum
requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies
of revised plans and certification in writing to the Director that the changes have been made.
13. All stormwater conveyances will be located in either a dedicated right-of-way (public or private), recorded
common areas or recorded drainage easements. The final plats for the project will be recorded showing all such
required rights -of -way, common areas and easements, in accordance with the approved plans.
14. The project has included the option to use #57 stone laid at least four inches thick over a geotextile fabric as a
pervious surface for use on the individual lots. The underlying soil should not be mechanically compacted prior to
installation. The permittee shall review all applications and uses of #57 stone within the permitted project for
compliance with these requirements. The permittee shall not approve any plans that do not meet these
requirements. The permittee shall retain the individual lot #57 stone applications and a copy of the written
approval on file for the life of the Stormwater Management permit. At the request of the Division, the permittee
shall provide a copy of these documents for any and all lots approved to install #57 stone within the permitted
project. If, in the future, the areas of #57 stone are no longer found to meet the #57 stone requirements, a permit
modification will be required.
III. GENERAL CONDITIONS
Any individual or entity found to be in noncompliance with the provisions of this stormwater management permit or
the requirements of the Stormwater rules is subject to enforcement procedures as set forth in NCGS 143 Article
21.
The permit issued shall continue in force and effect until modified, revoked or terminated.
The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit
modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions.
The issuance of this permit does not prohibit the Director from reopening and modifying the permit, revoking and
reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title
15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-
215.1 et. al.
This permit is not transferable to any person or entity except after notice to and approval by the Director. The
permittee shall submit a completed and signed "Permit Transfer Application Form" (available on the Division
website) accompanied by the required fee and supporting documentation as listed on the form, to the Division at
least 60 days prior to any one or more of the following events:
a. The sale or conveyance of the project area in whole or in part, except in the case of an individual lot sale
that is made subject to the recorded deed restrictions and protective covenants;
b. The assignment or conveyance of declarant rights to another individual or entity;
c. The sale or conveyance of the common areas to a Homeowner's or Property Owner's Association,
subject to the requirements of NCGS 143-214.7(c2);
d. Dissolution of the partnership, corporate, or LLC entity, subject to NCGS 55-14-05 or NCGS 57D-6-07
and 08;
e. Bankruptcy;
f. Foreclosure, subject to the requirements of Session Law 2013-121;
6. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances, which may be imposed by other government agencies (local, state and federal), which
have jurisdiction. If any of those permits result in revisions to the plans, a permit modification must be submitted.
Page 5 of 6
State Stormwater Management Systems
Permit No.SW8 000245
The permittee grants permission to DEQ Staff to enter the property during business hours for the purposes of
inspecting the stormwater management system and its components.
Unless specified elsewhere, permanent seeding requirements for the swales must follow the guidelines
established in the North Carolina Erosion and Sediment Control Planning and Design Manual.
The permittee shall submit a completed "Permit Information Update Application Form" (available on the Division
website) to the Division within 30 days to making any one or more of the following changes.
a. A name change of the current permittee;
b. A name change of the project;
c. A mailing address change of the permittee;
Permit modified and reissued this the 30"h day of July 2020
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
Brian Wrenn, i
Division of Energy, Mineral and Land Resources
By Authority of the Environmental Management Commission
Page 6 of 6
Table A:
SW8 000245: Impervious Area Summary Table
7/30/2020 Plan Revision
lA4/U 13 WffeCOM
6/17/13 POTAft
, .
7/3W2M Mkw M M s
DA1
(Townomes)
DA2
(Single
Family)
Conservation
Area
Overal13
DA1
(Enchanted
Oaks)
DA2
(Other Single
FamN)
Conservation
Area
Overall3
DA1
(Enchanted
Oaks)
DA2
{Other Single
Family)
DA3
Conservation
Area
Overal13.
DA1
(Enchanted
Oaks)
DA2
(Other Single
Family)
DA3
Conservation
Area
Overall
I Phase 2
1 Phase l
Cons. Area
Overall
Phase 2
Phase l
Cons. Area
4.691
33.871
23.35
61.901
4.69133.87
j 23.35
61.901
4.691
33.871
23.35
61.901
4.691
33.871
23.35
204,1331
1,475,2361
1,016,995
2,696,3641
204,1331
1,475,2361
1,016,995
2,696,3641
204,1331
1,475,2361
1,016,995
2,696,3641
204,1331
1,475,2361
1,016,995
68,825
472,068
0
808,909
71,447
516,333
221,130
808,909
71,447
516,333
221,129
808,909
71,447
516,333
221,129
25,920
315,350
0
357,850
42,500
315,350
0
363,950
48,600
315,350
0
364,590
48,600
315,990
0
0
0
0
0
0
0
0
0
0
0
0
312,700
0
312,700
0
0
0
0
0
0
0
0
0
0
0
0
3,290
0
3,290
0
0
�,�0
0
'''�0
0
"�=5g
0
34;5;350
0
34:5;3:50
0
33:5;350
0
0
0
20
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
4450A
42588
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
48,600
48,600
0
0
48,600
48,600
0
0
34,804
143,6671
0
165,992
22,325
143,667
0
165,992
22,325
143,667
0
165,992
22,325
143,667
0
8,101
13,051
0
17,036
3,985
13,051
0
13,516
465
13,051
0
13,516
465
13,051
0
Unspecified
268,031
2,637
44,265
221,130
265,451
57
44,265
221,129
264,811
57
43,625
221,129
33.72%
32.00%
0.00%
30.00%
35.00%
35.00%
21.74%
30.00%
35.00%
35.00%
21.74%
30.00%
35.00%
35.00%
21.74%
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
lit for 30% even though it is within a half mile of and draining to SA waters where the regulation required 25%. Since the 2007 permit already granted 30% impervious, the January 2013 permit also granted 30% impervious.
0% of the regulated amount (in this case 35%), then that drainage area is a pocket of high density. The 'future" amount listed shows the amount in DA1 & DA2 that can be built and stay within 35%. The remainder 'future"
onservation area.
3c
if
if
if
if
if
if
if
if
if
if
YO
'/o
included in the project area.
ase 2 street in front of Lot 131 towards Phase 3 which is permitted separately. Simultaneously, 555sf of asphalt from a street stub in front of Lot 132 was removed. This will result in no change to the permtited impervious
Table A:
Phase Numbers:
Project Area:
Project Area:
Impervious Total:
Buildings
118 Lots @ 2,650sf
(Lot #s: 1-40 & 42-119)
1 Lot @ 3,290
(Lot #41)
11p Ietr@ 76404
2QLots @� 125
20 Lots @2,430
(Lots #s: 120-139)
Streets
Sidewalks
Future
Pecent Impervious'
Max % to Trigger Pocket of
High Den sityz
SW8 000245: Impervious Area Summary Table
7/30/2020 Plan Revision
07 Il i
13 =va
7/ 3
14 ftn ftvWm
tiveral13
DAl
(Townomes)
DA2
(Single
Family)
Conservation
Area
tiverall3
DAl
(Enchanted
Oaks)
pA2
(tither Single
Family)
Conservatia�n
Area
0Verall3
DA1
(Enchanted
oaks)
DA2
(tither Single
Family)
DA3
Conservation
Area
C rera113
DAl
.(Enchanted
Oaks)
DA2
(Other Single
Family)
DA3
Conservation
Area
61.901
ME"=,
4.69133.871
23.35
61.901
4.691
33.871
23.35
overall
61.90
Phase 2
4.69
phase I
33.871
Cons. Area
23.35
Overall
61.901
Phase 2
4.691
phase I
33.871
Cons. Area
23.35
2,696,3641
204,1331
1,475,2361
1,016,995
2,696,3641
204,1331
1,475,2361
1,016,995
2,696,3641
204,133
1,47.5,2361
1,016,995
2,696,3641
204,1331
1,475,2361
1,016,995
808,909
68,825
472,068
0
808,909
71,447
516,333
221,130
808,909
71,447
516,333
221,129
808,909
71,447
516,333
221,129
341,270
25,920
315,350
0
357,850
42,500
315,350
0
363,950
48,600
315,350
0
364,590
48,600
315,990
0
0
0
0
0
0
0
0
0
0
0
0
0
312,700
0
312,700
0
0
0
0
0
0
0
0
0
0
0
0
0
3,290
0
3,290
0
31 C�0
i
9
315,350
9
21�v
9
1 5; 3:50
9
a
9
a 1 5; 3:50
9
a 1�0
9
9
8
,V
�A
9
8
8
9
8
8
9
8
8
8
8
8
8
8
9
8
b1
9
4Z;598
4Z-58A
9
8
0
9
9
9
9
9
9
9
0
0
0
0
0
0
0
0
48,600
48,600
0
0
48,600
48,600
0
0
178,471
34,804
143,667
0
165,992
22,325
143,667
0
165,992
22,325
143,667
0
165,992
22,325
143,667
0
21,1521
8,1011
13,051
0
17,0361
3,985
13,0511
0
13,5161
4651
13,0511
0
13,5161
4651
13,0511
0
268,0161
Unspecified
268,0311
2,637
44,2651
221,130
265,4511
571
44,2651
221,129
264,8111
571
43,6251
221,129
30.00%
33.72%
32.00%
0.00%
30.00%
35.00%
35.00%
21.74%
30.00%
35.00%
35.00%
21.74%
30.00%
35.00%
35.00%
21.74%
-
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
-
35.00%
35.00%
35.00%
1 The 2007 permit incorrectly wrote the permit for 30% even though it is within a half mile of and draining to SA waters where the regulation required 25%. Since the 2007 permit already granted 30% impervious, the January 2013 permit also granted 30% impervious.
z If an individual drainage area goes above 10% of the regulated amount (in this case 35°0), then that drainage area is a pocket of high density. The 'future" amount listed shows the amount in DA1 & DA2 that can be built and stay within 35%. The remainder "future"
area to give overall 30% is allocated to the conservation area.
3Midway Mobile Home Park (Phase 3) is not included in the project area.
4555sf of asphalt was added to connect a Phase 2 street in front of Lot 131 towards Phase 3 which is permitted separately. Simultaneously, 555sf of asphalt from a street stub in front of Lot 132 was removed. This will result in no change to the permtited impervious
totals in DA2. Permeable Gravel has been added to the plans to show what has replaced the 555sf of removed asphalt.
3c
sf
sf
sf
sf
►i - DEAER USE ONLY
Datp Re52ivedl
Fee Paid
Permit Number
STORMWATER PERMrn*!,NG FORM 7:
MINOR MODIFICATION
Standard Permitting Program — No Fee for Minor Modification
Express Permitting Program — See _:x:x:pr.esss Fee .Schedule
Only complete applications packages will be accepted and reviewed. This form and the required items (with
original signatures) must be sent to the appropriate DEMLR Regional Office, which can be determinedby locating
the project on the interactive online map at. http://dac:.nc.clov/�-untactftgional-offices.
This form is to only to be used by the current permittee to notify the Division ofs minor
modification. Pursuant to Rule 15A NCAC 02H .1002 a minor modification is a change to the project that.
1) does not increase the net built -upon area; and/or
2) does not change the size or design of the SCM(s).
A. GENERAL INFORMATION
1. State Stormwater Permit Number: SW8 000245
2. Current Permit Holder's Company Name/Organization:N & K Development
3. Signing Official's Name:Wilson Ki
4. Signing Official's Title: President
5. Mailing Address: 1804 Martin Luther King Pkwy, Suite 209
City: Durham State: NC ZIP: 27707
6. Street Address (if different): :
City: State: ZIP:
7. Phone: (910) 232-3730 Email: Wilsonkiayahoo.com
8. Describe the minor modifications that you are requesting, including any revised BUA allocations (attach
additional pages or supporting tables similar to Section IV.10 of the original application, if needed):
Addition of 555 sf of asphalt to connect Phase 2 street in front of lot 131 to Phase 3 (permitted separatel
and removal of 555 sf of asphalt from street stub in front of lot 132. This will result in no change to
permitted imperious totals in drainage area 2.
B. SUBMITTAL REQUIREMENTS
Please mark "Y" to confirm the items are included with this form. Please mark X" if previously provided. If not
applicable or not available, please mark N/A.:
Y 1. Two hard copies (with original signatures) and one electronic copy of this completed form.
Y 2. Two hard copies and one electronic copy of the revised plan sheets (must be a revision of the
originally approved plan sheets).
N/A 3. If there is reallocation of lot BUA, a copy of the revised recorded deed restrictions and protective
covenants ORthe proposed recorded deed restrictions and protective covenants documenting the
changes and a signed agreement to provide the final recorded document. n02
N/A 4. If applicable, the appropriate Express review fee.
MAY is
BY:
Stormwater Pernit Form 7: Minor Modification Page 1 of 2 July 14, 2017
C. CONTACT INFORMATION
1.. The Design Professional who is authorized to provide information on the Applicant's behalf:
Design Professional's Name:Phillip G. Tripp, P.E.
Consulting Firm:Tripp Engineering
Mailing Address:419 Chestnut Street
City:Wilmington State: NC Zip:28401
Phone: (910) 763-5100 Fax: (910) 763-5631
Email::office(Mtrippengineering.com
2. [OPTIONAL] If you would like to designate another person to answer questions about the project:
Name & Title:
Organization:
Mailing Address:
City: State: Zip:
Phone: ( ) Fax: )
Email::
D. CERTIFICATION OF" PERMI'T7EE
I, Wilson Ki, the current permittee, certify that I have authorized the minor modifications listed in Section Aand shown
in the attached revised plan sheets. I further attest that this information is accurate and complete to the best of my
knowledge.
Signature:
Date: - 1 /-/l -Z'C'Z-0
I,fn ca- a Notary Public for the State of d R ? C120 Lc h
County of , do hereby certify that (),)I L-S O'er
personally appeared before me this the.4f day of ry) 202, and
ack ti e:for- oing instrument. Witness my and and official seal,
ANNA M ARP
NOTARY PUBLIC
(Not ry SSTATTEE OF NORTH CAROOVER LI A
Notary Signature 04-� X-- Q�*
-
My commission expires (4dq 1-2-420
Stormwater Permit Form 7: Minor Modification Page 2 of 2 Oct 6, 2017
TRIPP ENGINEERING, P.C.
41 419 Chestnut Street
Wilmington, North Carolina 28401
Phone: (910) 763-5100 • FAX: (910) 763-5631
May 8, 2020
NCDEQ
Division of Energy, Mineral and Land Resources
127 Cardinal Drive
Wilmington, NC 28405-3845
Attn: Ms. Kelly Johnson
Re: Deer Crossing
Permit No. SW8 000245
TE 12011
Dear Kelly:
MGF-Ir,,i'E
MAY 0 8 2020 0
We are re -applying for the transfer of ownership for off -site stormwater permit SW8 000245 which
was returned on December 20, 2018 and addressing your comments from October 8, 2018 as
follows:
1. Certification: You have provided a personal statement that the project has been constructed
per the plans as opposed to a certification by an engineer, surveyor or landscape architect.
But, the DEMLR inspector found the following that do not appear to have been constructed
appropriately. Please submit a formal certification.
a. A driveway has been constructed between 130 and 131 that leads to the area labeled
as "Phase 3 Future Development" on the plans. Neither the driveway nor the new
area are on the permitted plans. Additionally, if there will be new lots those lots
need to be added to the permit. (And, you would also have to demonstrate that 50%
of the lots have been sold to transfer the permit) It appears that this permit needs
to be modified before it can be transferred. Please advise. If a modification is
needed, the current transfer application will have to be returned.
• The road extension noted between lots 130 and 131 connects to Deer Crossing
Phase 3 which was permitted separately (permit No. SW8 161011, dated
01/18/17). Phase 3 is not included in this transfer application. The additional
400 sf of impervious added by this road connection is proposed to be off -set by
the removal of 400 sf of asphalt from the stub in front of lot 132.
b. Most of the homes were built with driveway strips as opposed to a full driveway.
Approximately a third of the homeowners have filled in the remaining driveway
area. Please ensure that the full driveway is included in the impervious area
summary.
Driveway areas have been accounted for as constructed in the Impervious
Allocation Summary provided. Homeowners are given the option of full
driveway if it does not cause them to exceed their permitted BUA.
c. Water draining to Swale 2A does not appear to drain to the swale because the inlet is
on a slope.
DI-2 was installed as designed and during rain events water drain into the inlet
openings.
d. The drainage to Swale 3A does not appear to drain to the inlet of the swale.
• DI-3 was installed as designed andPduring rain events water drains into the inlet
openings.
2. Data Summary: Please see the attached example.
a. 50% Sold: 15A NCAC 02H.1045(1)(a) requires that at least 50% of the lots must be
sold to transfer the permit. Please submit a list of the lot numbers and owners.
See enclosed Impervious Allocation Summary which includes lot numbers and
owners.
b. Impervious Area per Lot: Please add the permitted and actual impervious areas that
have been constructed on each lot to the table in order to demonstrate that you have
constructed impervious area within the appropriate amounts.
• Permitted and actual impervious areas are included on the provided Impervious
Allocation Summary.
c. Deed Restrictions: There are eight different covenants for the various sections, but I
cannot line up which lots are in each section. Please add the book and page where
each lot is recorded to the data summary.
• Deed restriction documents are enclosed and referenced for each lot on the
summary list.
3. Common Area Deed: Please submit the deed for the common areas showing that the HOA
owns them (if there are common areas).
• Common area deeds are enclosed.
4. Signature Authority for HOA: Please submit a co yy of the most recent meetin& minutes
showing that Mr. Ili has been elected President ofthe HOA and therefore has signature
authority.
• HOA meeting minutes are enclosed.
5. HOA Address: The mailing address for the HOA on the application has been corrected to
the one listed above per the NC Secretary of State's records.
• Noted.
Enclosed please find the following items for your review:
• Permit transfer application
• $505 check
• Impervious Allocation Summary
• Low Density Supplement with maintenance
• Copy of the Deeds
• Recorded Deed Restrictions
• HOA Meeting Minutes
• Permittee's Certification
• Disk of electronic copies
Please review for approval and contact us with any questions, comments or if you need additional
information. Thank you.
Sincerely,
T p Enginee ' g, P.C.
6..PhillipC.
PGT:dcb
Enc.
Johnson, Kelly l0" �4Q--g i
From: Johnson, Kelly
Sent: Thursday, July 16, 2020 9:53 AM
To: office@trippengineering.com
Cc: wilsonki@yahoo.com
Subject: FW: [External] Deer Crossing SW8 000245
Phil & Daria,
went through this this morning since I saw that you of had started on the pians. I have a few questions. I see t }at you
want to add 555sf of BUA near Lot 131 and aisc remove 555sf of BUA near Lot 132 wit!, no net change in BUA.
1. Pervious Caravel: I understand from t^e discussion below that one of these -wo sectioi.s maybe pervious gravel
pu7 § 143-214.7;b2;;; (presumably the area near Lot 132). If pervious gravel wili be used we will al, o have to have
it libeled as such on the plans, and we wiG need the crass section for the pervious showing 4+" and a!so the
filter fabft If this is the case please include this on the plans.
2. Plans: The area near Lot 131 says "not included in this permit"? It sounds like that is the area where BUA is
being added such that it will become permitted under this permit? Also, is the line in red below pointing to the
appropriate place? If so, please make this correction.
As you know I have to set a due date for a response. Please respond by7/29 I2020.
Thanks,
Kelly
. r
IMPEMUS AREA
f (g()T iNCLll6E[) 1N PEFUT'
r�r, cc
;- ltUgjDkv-&Din.
Kellyi..nnsan
nvircnrne,:7ta3
IBC Division of Energy, Minerai and Land Resources
S*ormwater• Per^nitting
127 Cardin -al !Drive Extension
` ilmlingtcn, PVC `18405-3845
Phone: 911)."179i.7335
:vote Change N Phone Number
E-mail correspondence to are:-; rom this address r. iay be subject to the Ncrth Carolina Public Records Lvw and may be
disclosed to third parties.
2
From: Johnson, Kelly
Sent: Monday, July 13, 2020 4:36 PM
To: office@trippengineering.com
Subject: RE: [External] Deer Crossing SW8 000245
Tki3nks. ii will put this in the addinfo, but the #57 stone has to be 4" thick over geotextile fabr'c and v-je will ;have to have
tizc1t c-oss section on the plans and also in plan view for the specific location of the #5. for perricas credit.
i- e,eL. iDelvusoo,
Keliv Johnson
En-viron-nentai Engineer
NIC Division cf Energy, Alnera# and Land Pesources
Stormwater PerrniMng
127 Cardiral Drive Extension
`l+li,rnington, NC 28405-3311_5
Phone: 910.796.7335
jN . f:llt7f+o? %1 Phc?,r'le ?V'GI'?bEr
E-mail ;:orrespordLnce to and from this address may be subject to the N. rth Carolina Public Recoi°ds taw and may be
discilosed to third parties.
From: _f oceii�trippe gineerin .c_rr. [ma;;to:office@'tripper;?inep
Sent: Monday, July 13, 2020 4:32 PM
To: Johnson, Kelly <kelly.r,.ohnson@ncderr.i-.Yov>
Subject: RE: [External] Deer Crossing SW8 000245
Yes, that's what Wilson wanted to do.
Della
From: Johnson, Kelly <oily.p.s::iis:n�^cden-.ra.�>
Sent: Monday, July 13, 2020 4:30 PM
To:
Subject: RE: [External] Deer Crossing SW8 000245
Della,
Are you pr:<p< sing o u e #57 ::one 35 pe.rv;clus ;replacing pavement)?
T'r.anks,
KeVy
I,U.�okwsow
Kelly Johnson
Environmental Engineer
:^,lC Division o: Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinai Drive Extension
Wilmington, NC 28405-3345
Phone: 910.796.7335
Nate Change fn :phone Number
E-rruil correspondence to and from this add:-ess may be -.ui .fe:.t to the North Carolina Public Records Law and May be
disc used to third parties.
From: office C�trippengin_ering.com mailyo:office@trilr!Oe:teineering.ccrn]
Sent: Monday, July 13, 2020 4:25 PM
To: Johnson, Kelly < e ly.p.io Anson@°-cdenr.gov>
Subject: [External] Deer Crossing SW8 000245
CAijTIpN:
Ke I ly,
Attached are photos of the asphalt section removal for the stormwater minor modification at Deer Crossing (SW8
000245).
Della Baird
Tripp Engineering
419 Chestnut Street
Wilmington, NC 28401
910-763-5100
4
�k('� 41 PQ6V-M�-
Job No. 05011
Date: 07/16/20
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: (910) 763-5100 • FAX: (910) 763-5631
Email: trippeng@ec.rr.com;_..
JUL 16 2020
LETTER OF TRANSMITTAL
To: NCDEQ
Attention: Kelly Johnson
Subject: _Deer Crossing - SW8 000245
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( X ) Prints ( ) Tracings ( ) Copy of letter .( ) Specifications (X ) Other
Copies Item No. Description
2 E3 Stormwater Plan
1 Pictures of asphalt removal
1 Disk Electronic Copies
These are transmitted as checked below:
( X ) For Approval ( ) For Your Use ( ) Sign & Return ( X) Review
Remarks: Per your email request, please include these with your review. Thank you
cc:
Signed: Della Baird
Mr-
C
y�
-";- Y.��` "�-. T-•' � `vim •� :`-�..'.' �.. -
gg
-
Or
• - ry .d. ifiV"�-�
r
�' � � a •f. a; ny r.
"•7t ip [ ►� s'• -.Slab'.. '��y s u.
_ q� `` ��� Icy,, : ( 4y•
- �y I: i�.'r.,� Zl. w{'��~�,/c`+��:■ ' ,:�-1•i��? fi �l + r ' .'I � }-�R' N I
lip
gILr
��, , ��s; •t:• .t,, - _ r�l: y+ is tx' -
4`�.'y�.-}•�,et:''��. "• ` r Ly {j' krti±-���.�- + �.�i. III ,r�"' -�'�'. �'.� yl _
r [� •art art � 1. � , ' � Fj � �.c �i � ',x�,�,,,yy� � " • 'r r g f` , v ��, ' •
�-. �' �.�,r! r3' �'.� ...:7'r�l1 rb-',. . -� -. _ a (. �-`i7#... t • - f t. iS r � � 6� r" ~ L.. Y � � �+ �'�:`�
Johnson. Kelly
From: Johnson, Kelly
Sent: Monday, July 13, 2020 4:36 PM
To: office@trippengineering.com
Subject: RE: [External] Deer Crossing SW8 000245
Trianks. I will put this in the addinfo, but the #57 stone has to be 4" thick over geotextile fabric and we will have to have
that cross section on the pans and also in plan view for the specific location of the #57 for pe lious credit.
kel UilOilwSOA,
Kei �'y ohnson
Erv8ronn,ie-ntai Engineer
NC Civision of Energy, Minte:al and (.and Resources
Ste r:;'m;atcar Par"nitting,
s.27 ,:ardina; Drive Extension
Wiirri -,tan, NC 23405-3845
Phone: 910.796.7335
;tote ChJnge 0 Phtme Number
E-mail correspe-;deuce to and from this address r7ay be sub;'ect to the North Carolina Public Records law and ma;, be
disclosed to third parties.
From: office@trippengineering.com [mailto:office@trippengineering.com]
Sent: Monday, July 13, 2020 4:32 PM
To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov>
Subject: RE: [External] Deer Crossing SW8 000245
Yes, that's what Wilson wanted to do.
Della
From: Johnson, Kelly
Sent: Monday, July 13, 2020 4:30 PM
To: of`iceC�triPPengir�eriag.c-:)
Subject: RE: [External] Deer Crossing SW8 000245
Dell
Are you p7opoclng to us:_ #57 stone a3 cervi o:as (repiac;ng pa /ernert
Thanks,
Kelly
K.t°i. uio lwsow
Kelly Johnson
Environmental Engineer
FIC Division of Energy, Mineral and .and Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wiirr_'ngton, NC 28405-3345
Phone: 9:1 G.796.7335
Note Change it '.home 'lumber
E-mail correspondence to and from this address may be subject to the Rdarth Caro,in7 Public Records Law and may be
disclosed to thr-d parties.
From: office@t:-ippengineering.com [mailto:office@tr`p;,)enginee ring. ccml
Sent: Monday, July 13, 2020 4:25 PM
To: Johnson, Kelly < eVy.p.iohnson@nc+: enr.go,.,>
Subject: [External] Deer Crossing SW8 000245
Kelly,
Attached are photos of the asphalt section removal for the stormwater minor modification at Deer Crossing (SW8
000245).
Della Baird
Tripp Engineering
419 Chestnut Street
Wilmington, NC 28401
910-763-5100
ho
C
H
0
U
L
LA
qt
N
O
O
O
00
N
O
E
G1
m
L
Q
u'l
Q
El
.O
GJ
U
fC
Q
N
N
C
O
4-+
Ln
r-
Ln
U
Burd, Tina J
From: Burd, Tina J
Sent: Wednesday, May 20, 2020 9:38 AM
To: Wilsonki@yahoo.com; office@trippengineering.com
Subject: SW8 000245 - Deer Crossing
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section)
accepted the Stormwater Permit Minor Modification Application for the subject project on May 15, 2020. The
project has been assigned to Kelly Johnson and you will be notified if additional information is needed. Please
be advised that the construction of built -upon area may not commence until the Stormwater Permit is issued.
Best Regards,
Tina Burd
Administrative Associate II
Wilmington Regional Office
Division of Environmental Assistance & Customer Service
Phone 910-796-7215
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmington, NC 28405
Johnson, Kelly
From: office@trippengineering.com
Sent: Thursday, May 14, 2020 11:32 AM
To: Johnson, Kelly
Cc: ptripp@trippengineering.com; Sams, Dan; wilson ki
Subject: [External] FW: Deer Crossing - State Stormwater (SW8 000245)
Attachments: 2014 06 master table 000245.xlsx
Kelly,
1. We will submit minor modification application and updated plan sheet shortly. There is nothing to change on
the Attachment A spreadsheet. The "Streets" impervious for DA1 will remain 22,325, we are just relocating a
patch of road, net change is 0.
2. Yellow highlighted lots indicate that the owners paid for full pavers, but they are still under the allotted BUA.
Thank you,
Della Baird
Tripp Engineering, P.C.
419 Chestnut Street
Wilmington, NC 28401
910-763-5100
From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>
Sent: Wednesday, May 13, 2020 12:45 PM
To: ptri o ,_ trippeneineering.com
Cc: Sams, Dan <dan.sam.�@ncdenr.yo_v>; wi;sonki@yahoc.corn
Subject: Deer Crossing - State Stormwater (SW8 000245)
Phil,
We have received the application to transfer the subject permit and Dan asked me to look over it to see if it is ready to
be accepted. I have the following questions:
1. Road to Phase III: A portion of the road to the future Phase III that is not part of the project area of the subject
permit has been constructed but not documented in this permit. Though I understand that it is a small portion,
and I have read that this area can be offset by removing an equal amount of impervious area near Lot 132, we
still need to document this change in Attachment A of the permit. I have attached the latest version. Please
update this document and apply for a minor modification. The minor modification will be accepted before the
transfer. Once that is issued, the transfer will be accepted.
2. Driveway Strips: It looks like this was resolved. What is the significance of the yellow highlighted areas on the
impervious summary per lot?
Thanks,
Kelly
Izl;�Lt(�Johwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7343
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
Job No. 05011
Date: 05/14/20
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: (910) 763-5100 • FAX: (910) 763-5631 rECEIVE0Email: trippeng@ec.rr.com
AY 15 2020
LETTER OF TRANSMITTAL
To: NCDEQ
Attention: Kelly Johnson
Subject: Deer Crossing - SW8 000245
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( X ) Prints ( ) Tracings ( ) Copy of letter ( ) Specifications (X ) Other
Copies Item No. Description
2 E3 Stormwater Plan
2 Stormwater Permit Minor Modification Form
1 Disk Electronic Copies
These are transmitted as checked below:
( X ) For Approval ( ) For Your Use ( ) Sign & Return ( X) Review
Remarks: Per your email request, minor modification to offset road extension by removing
equal amount of pavement. Please process with transfer request previously submitted.
Thank you.
cc:
Signed: Della Baird
Central Files: APS _ SWP _
7/30/2020
Permit Dumber SW8000245 Permit Tracking Slip
Program Category Status Project Type
State SW Active Minor modification
Permit Type Version Permit Classification
State Stormwater 1.50 Individual
Primary Reviewer
kelly.johnson
Coastal SWRule
Permitted Flow
Facility
Permit Contact Affiliation
Facility Name Major/Minor Region
Deer Crossing Minor Wilmington
Location Address County
Deer Hill Dr New Hanover
Facility Contact Affiliation
Wilmington NC 28409
Owner
Owner Name Owner Type
N & K Development Inc Non -Government
Owner Affiliation
Wilson Ki
PO Box 12615
Gates/Events Wilmington NC 28405
Scheduled
Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration
7/10/2000 5/15/2020 7/30/2020 7/30/2020
Peg!ilated Actii,JVC-s Requested Aecei ad Events,
State Stormwater - Low Density Additional information received 7/16/20
Additional information received T24,20
Additional information requested 716,20
Additional information requested 7i22.20
Waterbody Name Streamindex Number Current Class Subbasin
Job No. 05011
Date:_ 0 UZ? 20 --
JUL 2 4, 2=
L`..
TRIPP ENGINEERING, P.C.
419 Chestnut Street, Wilmington, NC 28401
Phone: (910) 763-5100 • FAX: (910) 763-5631
Email: trippeng@ec.rr.com
LETTER OF TRANSMITTA
L
To: NCDEO �.
Attention: Kelly Johnson
Subject: Deer Crossin - SW8 000245
FAX TRANSMITTAL: NUMBER OF PAGES INCLUDES COVER
I am sending you: ( X ) ATTACHED ( ) UNDER SEPARATE COVER
( X ) Prints ( ) Tracings ( ) Copy of letter
( )Specifications ( )Other
Copies Item No. Descri tion
2 E3 Stormwater Plan
These are transmitted as checked below:
( X ) For Approval ( ) F—Gr Your Use
( )Sign &Return (X) Review
Remarks: Per our email re uest note has been removed. Thank ou.
cc:
Signed: Della Baird
T
tion Completeness Review Checklist (Non -Transfers) - Short Version
Project Name: Date Delivered to WIRO:
Project County/Location: h3 J BIMS Received/Accepted Dal
Rule(s): �2017 Coastal �2008 Coastal �1995 Coastal BIMS Acknowledged Date':
Phase II Universal 1:11988 Coastal
Permit Action: New New Permit #Z:
Major Mod /--iY`iinor Moo,/Renewal
Existing Permit #: �� _►
Permit Type: HD / LD / LD Overall / HD &LD Combo Expriation Date3:
General Permit/ Offsite/ Exempt/ Rescission
Development Type: Commercial / Residential / Other
Subdivided?: Subdivision or Single Lot
Permittee Type & Documents Needed:
Property Owner(s) Purchaser El Lessee
Viable? Viable? Viable?
Deed Purchase Agmt1-1 Lease
Not Subdivided: Deed
Subdivision: Common Area Deed
Paperwork
EIHOA
Viable?
Election Minute
Application
Fee. [:]$505 (within 6mo) Check#(s):
Supplement? (1 new form or for older forms: 1 original per SCM)
DOW2
Soils Report (Infil or PP)
Calculations (signed/sealed)
Deed Restrictions, if subdivided 2
Project Narrative
MUSGS Map (or on file?) Subject to SA?: Y / N Subject to ORW?:
ED Plans (2 Sets)
F1PE Certification
Electronic Copies
Easements, Recorded (2017 Rules)
NOTES:
1Enter BIMS Acknowledged Date on this Sheet
2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates.
31f w/in 6 months and they are requesting a mod, STOP. Needs a renewal first.
ENGINEER DATE: Comments:
NAME:
G:WQ\\\Reference Libra ry\Procedures\Checklists\Completeness Review ChecKlist_2020 0131
FlOffsite to SW8:
Lot is in Master Permit?
EPE Cert on File?
Developer
Viable?
s l�
EDNo Fee
Y / N
rY1d
d