20052146 Ver 5_Staff Comments_20090826

I propose we add the following condition to the SeaWatch 401 Certification and the
Conservation Easement Deed in order to protect the uses of this wetland and allow the
discharge of stormwater to the wetland:
Stormwater runoff from impervious surfaces within drainage areas that will drain
to the two Carolina Bay's (Easement Areas 32, 35, 54, 56 and 57) must be collected and
treated in engineered stormwater treatment systems designed to reduce the nutrient load.
These stormwater treatment systems must control and treat the runoff from all surfaces
generated by one and one-half inches of rainfall or the difference in the stormwater runoff
from all surfaces from the predevelopment and postdevelopment conditions from a one-
year, 24-hour storm, whichever is greater. All inflow-into the wetland must be at non-
erosive velocities. In addition, these stormwater treatment systems must be constructed,
operated and maintained as provided in the most recent version of DWQ's stormwater
BMP manual. Monitoring must be done on this wetland at two locations for 10 (ten)
years following development activities in the drainage area to the wetland. These two
locations n1nist be a proved by DWO and be in the northern and southern partof the bay.
This monitoring must be done on an annual (A) or semi-annual (SA) basis for the
following parameters: vegetation (every?iye?_years with-anmtal reporting on the percent
cover of trees and shrubs within thepeermanent studv plots), amphibians (A), aquatic
macrobenthos (verb other year), water chemistry (SA) when water is present and
hydrology (resorted SA with a well that records at daily intervals). This sampling must
mirror the sampling done by DWQ for the past three years in order to allow a comparison
of the hydrological, chemical and biological effects of the stormwater. All water
chemistry analyses and macrobenthos identification must be done by North Carolina
certified laboratories. Written DWQ approval is needed for an exact monitoring plan
before development occurs within the drainage area. Monitoring will begin when
construction of the first house begins in the drainage area and continue for ten (10) years.
After five (5} years the applicant may petition DWQ for areduction in the frequency of
monitorine- based on the data collected to date. Annual, written reports must be provided
to DWQ by March 31;' of each year to the Division's Central and Wilmirniton Regional
Offices. These reports must summarize all the collected to date and compare these
data to the baseline data collected by DWQ. Ili ,e reports must also report the
approximate percent impervious surfaces in the raina?e area and have a narrative
discussion of anv changes to the development si e plan in the drainaue area. -Data from
the monitoring will be compared to the baseline ata that DWQ has collected in order to
determine whether any adverse impacts are occ rring or have occurred. Please note that
the development will not be held responsible fo any adverse impacts on the wetland as
long as all other conditions of this Certification re complied with including the provision
for design, construction, operation and maintena ce of the stormwater treatment systems
as noted above in this condition. A
I Deleted: two
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Dorney, John
From: Noelle Winstead [[e-mail]]
Sent: Tuesday, September 15, 2009 8:26 PM
To: Dorney, John
Cc: Galamb, Eric; Baker, Virginia; Savage, Rick; Randall, Mike; Bennett, Bradley; Steenhuis,
Joanne; Mcmillan, Ian
Subject: RE: suggested 401 condition for Seawatch bay - stormwater condition
John,
1) Can you e-mail me a copy of the monitoring report that we would be required to mirror?
2) 1 know that DWQ staff has good reason to request semi-annual monitoring for chemistry and hydrology; however,
10 years is a long period. That being said, I also know that in this type of development, it may take 10 years to
capture the effects of stormwater runoff discharging to the bays due to the fact that the impervious coverage will
not be built overnight, but will increase over a period of time. Will DWQ consider monitoring every other year to
include the semi-annual monitoring for chemistry and hydrology in the years when monitoring takes place? I
believe this would still produce the desired information. When development begins in these areas, the roads will
be built initially but the lots will be developed overtime slowly increasing the BUA percentage. The reports could
include the approximate impervious percentage within the DA during each monitoring event.
Please let me know if this is a compromise that is acceptable to all.
Thank you,
Noelle , a QEI
From: Dorney, John [mailto:[e-mail]]
Sent: Tuesday, September 15, 2009 4:51 PM
To: Noelle Winstead
Cc: Galamb, Eric; Baker, Virginia; Savage, Rick; Randall, Mike; Bennett, Bradley; Steenhuis, Joanne; Mcmillan, Ian
Subject: suggested 401 condition for Seawatch bay - stormwater condition
Noelle - please see the attached. Staff from the weltands and stormwater programs have reviewed this and are
comfortable with the wording. Please let me know what you (all) think. Thankx
Ian and Eric - let's wait to hear from Noelle before we do the final permitting.

I propose we add the following condition to
Conservation Easement Deed in order to pr
discharge of stormwater to the wetland:
e SeaWatch 401 Certification and the
ect the uses of this wetland and allow the
Stormwater runoff from impervious surfaces within drainage areas that will drain
to the two Carolina Bay's (Easement Areas 32, 35, 54, 56 and 57) must be collected and
treated in engineered stormwater treatment systems designed to reduce the nutrient load. g?
These stormwater treatment systems must'control and treat the runoff from all surfaces
generated by one and one-half inches of r infall or the difference in the stormwater runoff
from all surfaces from the predevelopme t and postdevelopment conditions from a one-
year, 24-hour storm, whichever is greater In addition, these stormwater treatment
systems must be constructed, operated a d maintained as provided in the most recent
version of DWQ's stormwater BMP ma al. Monitoring must be done on this wetland
for 10 (ten) years following developmen activities in the drainage area to the wetland.
This monitoring must be done on an ann al (A) or semi-annual (SA) basis for the
following parameters: vegetation (every years amphibians (A), aquatic
q macrobenthos (A), water chemistry (SA) "'4d hydr ogy (SA). This sampling must
mirror the sampling done by DWQ for t past thr e years in order to allow a comparison
of the hydrological, chemical and biolo ical effe is of the stormwater. Written DWQ `j-
approval is needed for an exact monit ring pla before development occurs within the
drainage area. Annual, written repo s must provided to DWQ by March of each year
that summarize all the date collecte to dat and compare these data to the baseline data
collected by DWQ. Data from th monit ing will be compared to the baseline data that
DWQ has collected in order to d termi whether any adverse impacts are occurring or
have occurred. Please note that he d elopment will not be held responsible for any
adverse impacts on the wetlan as 1 g as all other conditions of this Certification are
complied with including the p ovis'on for design, construction, operation and
maintenance of the stormwat r tre tment systems as noted above in this condit' n.
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Dorney, John
From: Randall, Mike
Sent: Tuesday, September 15, 2009 2:40 PM
To: Dorney, John
Cc: Bennett, Bradley
Subject: RE: thoughts on Seawatch subdivision stormwater into natural wetlands
We want to add a specific design storm, i.e., to control and treat the runoff from all surfaces generated by one and
one-half inches of rainfall, or the difference in the stormwater runoff from all surfaces from the predevelopment and
postdevelopment conditions for a one-year, 24-hour storm, whichever is greater.
From: Dorney, John
Sent: Tuesday, September 15, 2009 2:06 PM
To: Randall, Mike
Cc: Bennett, Bradley
Subject: thoughts on Seawatch subdivision stormwater into natural wetlands
HAve not heard from Bradley (although I sent him an email yesterday). Can you send me your thougths on the attached
so I can get it to the consultant so I can deal with their soon-to-be whining? thankx

1
Dorney, John
From: Savage, Rick
Sent: Wednesday, September 09, 2009 5:07 PM
To: Dorney, John
Cc: Baker, Virginia
Subject: RE: proposed condition for SeaWatch 401 and easement
JOHN:
A few comments:
I agree with the annual or semi annual basis for Water Chemistry and Hydrology.
We may need to specify at some point what is required of the biological monitoring on an annual basis as I really think a
full vegetation survey using our methodology is probably not necessary, but a more descriptive presence/absence would
be good.
I do believe that a full vegetation survey at least twice during the ten years is necessary.
G I N NY???
ALSO, I think we need to add that the monitoring data they collect will be compared with our data to make sure there
are not trends away from what we think is normal.
Rick
PLEASE NOTE NEW EMAIL ADDRESS: [e-mail]
Rick Savage
NC Div. of Water Quality
Wetlands Program and Policy Development Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Phone: [phone]
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
From: Dorney, John
Sent: Tuesday, September 08, 2009 3:17 PM
To: Savage, Rick; Baker, Virginia
Subject: proposed condition for SeaWatch 401 and easement
see attached. after I get your thoughts, I'll send a revised version to Ian and Eric for their input before I send to the
consultant (who probably will not be happy - actually she'll be happy because she would get paid to do the monitoring
but her client will not be happy because he would have to pay for it!). thankx
1
Dorney, John
From: Noelle Winstead [[e-mail]]
Sent: Wednesday, August 26, 2009 2:24 PM
To: Dorney, John
Cc: Ian McMillan
Subject: SeaWatch at Sunset Harbor (Yellow Banks)
John,
Hello and how are you?
It is my understanding that you are now the one providing Eric Galamb with an opinion concerning the loading rates into
the Carolina Bay at the subject property.
I originally offered to limit the rate in accordance with the Neuse rate. Then, I was asked if we would agree to agree at a
later date and prior to securing a State Stormwater Permit for any drainage area that will drain into the bay. I agreed but
determined that the rate should not exceed anything that is not currently required somewhere else in the State. The
following is the statement that I sent to Blane Rice, Eric Galamb, and Linda Pearsall:
"It is my understanding that Eric is still waiting on an opinion from John Dorney of the 401 Group concerning the nutrient
loading rate into the Carolina Bay. I have agreed to limit the loading rate but do ask that it is not limited beyond what is
currently required for the Neuse or Tar-Pamlico River Basins. Note that in Brunswick County, there is no limit on the
nutrient loading rate. Asking the owner to commit to something above and beyond that which is currently required
anywhere in the State is not reasonable."
The language as currently proposed in the Conservation Easement Deed reads
Stormwater Runoff. Stormwater runoff from impervious surfaces within drainage areas that will drain to
the 97.08 acre Carolina Bay (Easement Areas 32, 53, 54, 56, and 57) must be collected and treated in
engineered stormwater treatment systems designed to reduce the nutrient load. The appropriate nutrient
loading rates must be approved in writing by the North Carolina Division of Water Quality (DWQ)
Wetland Unit prior to submittal to DWQ's Wilmington Regional Office Stormwater Unit. The nutrient
loading rates will be no less than the rates now in effect per the N.C. Administrative Code 15A 2B .0200,
amended effective May 1, 2007. A copy of the letter from the Wetland Unit will be included in the
application to the Stormwater Unit.
Please feel free to call me if you have any questions or if you would like to discuss
Thank you,
Noelle
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Site Name Number of Samples Mean(Result) Range(Result) Units
Bluegreen Golf 1 0.020 0.000 mg/I Nitrate+Nitrite
Martin Amment 2 0.020 0.000 mg/I Nitrate+Nitrite
Mill Creek 2 0.020 0.000 mg/I Nitrate+Nitrite
Seawatch Bay 8 0.025 0.040 mg/I Nitrate+Nitrite
Seawatch Nautica 3 0.020 0.000 mg/I Nitrate+Nitrite
Sikka 9 0.640 5.580 mg/I Nitrate+Nitrite
Grand Mean 0.124 mg/I Nitrate+Nitrite
Bluegreen Golf 1 0.770 0.000 mg/I TKN
Martin Amment 2 1.315 0.970 mg/I TKN
Mill Creek 2 0.930 0.740 mg/I TKN
Seawatch Bay 8 3.050 5.200 mg/I TKN
Seawatch Nautica 3 4.093 8.320 mg/I TKN
Sikka 9 3.878 15.600 mg/I TKN
Grand Mean 2.339 mg/I TKN