SW6230806_Response To Comments_20240516

Engineering
Kc Landscape Architecture
Surveying
May 15, 2024
Attn: Jim Farkas
NCDEQ— DEMLR Post -Construction Stormwater Program
512 N. Salisbury Street, Office 640M
Raleigh, NC 27604
Re: Stormwater Permit No.SW6230806
Brookwood Subdivision, Phase 4
Response to Comments
Mr. Farkas:
Regarding the above referenced project, please find the below itemized responses to each of
the comments we received on May 2nd, 2024. For clarity, all DEMLR comments are listed below
in Black and our responses are in red.
1. Per satellite imagery dated January 18, 2024, it appears that impervious surfaces have
been constructed on-site. Please note that, for this project, the construction of any
impervious surfaces, other than a stabilized construction entrance under an approved
E&SC permit, without an approved post-construction stormwater permit is a violation of
NCGS 143-215.1 and is subject to enforcement action pursuant to NCGS 143-215.6A
which can include the assessment of civil penalties of up to $25,000 per day. Please cease
any further construction of impervious surfaces until this project has received postconstruction
stormwater approval from the State and Moore County. This matter is being
referred to inspectors in the Fayetteville Regional Office for possible enforcement action.
See satellite imagery below. Understood.
2. Prior Comment 2.a.—"The project proposes an excessive amount of avoidable nonvegetated
conveyances (required per 15A NCAC 02H .1003(2)(c))... Please revise as
needed." Please remove the piping between Lots 97 & 98 and Lots 126 & 127. The
reasoning provided in your response is noted, however this piping is incongruent with
15A NCAC 02H .1003(2)(c). The piping from the pond outlet structure to the flared end
section can be allowed for a low-density project, provided that the pond is required in
order to meet local permitting requirements (please provide documentation of this if
keeping this piping in the final, low-density design). Please revise as needed. The pipe between
lots 97 & 98 has been removed and replaced with a vegetated swale. The piping between 126 &
127 has also been removed. There is a roadway crossing a short stub of pipe that discharges
LKC Engineering,PLLC,140 Aqua Shed Court,Aberdeen,North Carolina 28315
PH:910/420-1437*FAX: [phone]*License No.P-1095

SW6230806 Brookwood Subdivision Phase 4
May 15, 2024
Page 2 of 4
into swale#18, which routes between lots 126 & 127. Aside from the aforementioned outlet
pipe, this is the only proposed stormwater pipe within this phase of the project. Attached is a
snippet from Moore County's UDO regarding the 10-yr. storm level.
3. Prior Comment 3—"Please include the on-site surface water area (from the surface
waters located near the northern edge of the project area and near the southern edge of
the project area) in the Application and Supplement-EZ Forms... Please revise as
needed." Per the included surface waters and vegetated setbacks, it appears that BUA is
being included within the vegetated setback (see Bassett Lane). Please ensure that the
BUA located within the vegetated setback meets the exemptions listed in either 15A
NCAC 02H .1003(4)(c) or .1003(4)(d). If the BUA does not meet either of these
exemptions, it will need to be removed from the vegetated setback to be compliant.
Please revise as needed. The developer obtained 401/404 permits from USACE for the stream
and wetlands crossing— please see attached approval. Please note the licensed soil
scientist/USACE deemed the western most crossing (along Bassett Lane) as a stream crossing
and the eastern crossing as a wetland crossing.
4. Prior Comment 6—"Please provide calculations demonstrating that the stormwater
outlets are stable in accordance with 15A NCAC 02H .1003(5)." The riprap sizing/design
provided in the calculations does not correspond to the riprap sizing/design as shown in
the plans (For example, for PH4-FES-08, the calculations show a minimum required
length of 16 ft whereas the plans show a length of 9 ft). Please revise as needed.
We corrected the rip rap schedules on the plans to correspond with the calculations.
5. Prior Comment 7.b. — "Please provide 2x full-sided hard copies of the swale drainage
area map. This item is required per 15A NCAC 02H .1042(2)(g)(iv)." In accordance with
15A NCAC 02H .1042(2), 2x hard copies of plan sheets are required and only 1x was
provided. Please revise as needed. 2 hard copies have been provided with this submittal.
6. Prior Comment 8.a.i.—"Please correct the following issue with the Supplement-EZ
Form, Cover Page, Lines 2 & 4—See earlier comments, please revise. NOTE: Line 2
corresponds to Section IV, 7 of the Application and does not include surface water
areas." As indicated in the prior comment, Line 2 of this page of the Supplement-EZ
Form does not include the surface water area and should correspond to Section IV, 7 of
the Application (52.39 ac). Please revise as needed. Line#2 has been revised in the
Supplement-EZ to 52.39 ac.
7. Prior Comment 8.b.i. — "...Drainage Areas Page—See earlier comments, revise as
needed." The low-density project area does not include the on-site surface water area.
Please revise Lines 5 & 6 so that the on-site surface water area is excluded (the values
entered for Lines 5 & 6 should correspond to Section IV, 7 of the Application (52.39 ac),
expressed in square feet). Please revise as needed. Lines 5 & 6 have been revised.
140 Aqua Shed Court,Aberdeen,N.C.28315*PH:910/420-1437*FAX: [phone]
License No.P-1095

SW6230806 Brookwood Subdivision Phase 4
May 15, 2024
Page 3 of 4
8. Prior Comment 9—"Please correct the following issues with the Operation &
Maintenance Agreement— Please indicate the type of low-density that is being proposed
for this project on the form (right most column on the "Low Density" line)." Where you
placed "1 dwelling unit per acre" on the form, you need to select one of the following
from the dropdown in the cell: "Dispersed flow only", "Vegetated swales/roadside
ditches", "Curb outlet system". The form uses macros to generate the applicable
operation and maintenance requirements based on the values selected on the cover page
of this form (you will need to enable macros and then click on the "CLICK TO UPDATE
O&M MANUAL" to generate the O&M requirements. Please also note that if you are
modifying anything on the signed & notarized cover page (from what we have previously
received) you will need to provide a new signed & notarized cover page. Please revise as
needed. The O&M has been revised, resigned, and notarized.
9. Prior Comment 10/11—"Please provide all of the electronic files for this submission as
requested in the 8/29/2023 email (required per 15A NCAC 02H .1042(2))...". When
uploading plan sheets, please ensure that the plan sheets are separated out by type (Ex.
cover sheet, existing site conditions, proposed site conditions, grading, etc...). The plans
were uploaded as a single file with the type selected as "cover sheet". We require that the
plan sets be broken up by type since the repository has difficulty opening up large files
(the upload form also renames the files in a standardized manner based on what file type
is selected which helps keep the electronic files organized). Please ensure that this is
corrected in subsequent uploads. This has been corrected to individual sheet uploads.
10. In accordance with 15A NCAC 02H .1042(2)(k), deed restrictions are required to ensure
that the density limit for the project is not exceeded. Attached is a version of the deed
restriction document to be used for a project that uses the dwelling units per acre method
for calculating project density. Please complete the document and provide 1x original
signed & notarized hard copy, 1x additional hard copy (NOTE: While not required, you
may wish to get a second copy of this form notarized for the applicant as the Register of
Deeds will require an original notarized copy of this form for recording), and 1x
electronic copy. The signed deed restrictions are attached and thank you for the guidance with
the wording of these restrictions.
11. Please correct the following issue with the plan sheets:
a. In accordance with 15A NCAC 02H .1042(2), 2x hard copies of plan sheets are
required and only 1x was provided in the resubmission. Two copies are being submitted.
b. On the swale drainage area map, two swales are labeled as "PH4-SW-16". Please
revise as needed. This has been revised.
c. Please remove the riprap lining option from the design information for Swales 14 &
16 (riprap lined swales are not a vegetated conveyance). Please revise as needed. Swale 14 &
16 have been redesigned such that they only require straw mating and seeding to comply with
"vegetated conveyance".
140 Aqua Shed Court,Aberdeen,N.C.28315*PH:910/420-1437*FAX: [phone]
License No.P-1095

SW6230806 Brookwood Subdivision Phase 4
May 15, 2024
Page 4 of 4
12. Please correct the following issues with the Application Form (NOTE: This form is not
set up for showing project density in dwelling units per acre so some of these are "fixes"
to the form for permitting clarity):
a. Section IV, 8— Please indicate the dwelling units per acre value for this project
here (ex. 44 dwellings/ 52.39 ac = 0.840). NOTE: Please use the project area
from Section IV, 7 for this calculation. 44DU/52.39 ac = .84 x 100 = 84% has been added.
b. Section IV, 10, Total & On-site Drainage Area — Please revise so that the surface
water area is excluded (the values entered for these lines should correspond to
Section IV, 7 of the Application (52.39 ac), expressed in square feet). This has been corrected.
c. Section IV, 10, % Impervious Area— Please indicate the dwelling units per acre
value for this project (should match Section IV, 8). This has been corrected.
d. Section IV, 10, On-site Buildings/Lots— Please indicate the total number of
proposed dwelling units (ex. "44 dwelling units"/ "44 D.U."). This has been corrected.
Thank you for the guidance with the "fixes" to the form.
13. Please correct the following issues with the Supplement-EZ Form (in addition to those
mentioned earlier):
a. Cover Page, Line 9— Please revise as needed, see earlier comment with regard to
BUA in the vegetated setback. This has been corrected.
b. Drainage Areas Page, Line 18—Similar to Section IV, 8, please indicate the
dwelling units per acre value for this project (should match Section IV, 8). This has been
corrected.
c. Drainage Areas Page, Line 19—This item is not needed for a low-density project. This has
been corrected.
d. Low-density Page, Vallow Column —The Vallowable value is the maximum
allowable velocity permissible in the swale. This value is typically determined
based on Table 1 in Part C-11 of the Manual or other acceptable means. If using a
different source for determining this value, please provide the source and
methodology used to determine these values. Please revise as needed. This section has been
revised utilizing Table 1 in Part C-11.
e. Low-density Page, Line 15— If you are proposing a permanent liner on certain
swales you can indicate this information in this section of the form (It can be
useful to provide an explanation for differences in the Vallow values). All permanent lining will
be S75 straw matting with Bermuda grass seeding.
Should you have any questions or comments please do not hesitate to contact me or Jackson at
this office [phone] or by email at [e-mail] and
[e-mail]
Sincerely,
Philip Picerno, PE
140 Aqua Shed Court,Aberdeen,N.C.28315*PH:910/420-1437*FAX: [phone]
License No.P-1095