SW6201004_Add Info_20201011

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRIAN WRENN
Director
Matt Lowder, PE
4004 Barrett Drive, Suite 101
Raleigh, NC 27609
NORTH CAROLINA
Environmental Quality
November 10, 2020
Subject: Request for Additional Information
Stormwater Permit No. SW6201004
Blackhawk Landing
Hoke County
Dear Mr. Lowder:
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater
Management Permit Application for the subject project on October 6, 2020. A review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
As designed, the project does not meet the definition of low density and must be designed
in accordance with high density design requirements as outlined in 15A NCAC
02H .1003(3). Per the provided plan sheet, the project area is 40.8314 ac (45.2714 ac —
4.44 ac future development area) and the total proposed impervious area, per the
stormwater management report, is 10.981 ac. This results in a percent BUA of 26.9%,
which is greater than the maximum 24% BUA required for low density.
It is true that using dwelling units per acre or considering the entire parcel area (92.548
ac) would result in a project that meets the letter of the law with regard to the low density
threshold, but per 15A NCAC 02H .1003(1)(d), this project would be considered to have
areas of both high density and low density. The high density portion of the project would
be the 115 acre residential lot land use area (Approximately 56% BUA) while the low
density portion of the project would be the large, contiguous, open space land use area
(Approximately 0% BUA). It is disingenuous to claim that lots of this size (With %BUA
ranging from 38% to 68% BUA) are low density.
In addition to the above, there is an avoidable, piped, stormwater conveyance system
which is explicitly prohibited per 15A NCAC 02H .1003(2)(c). Typically, piped
conveyances are only allowed in situations where a vegetated conveyance needs to cross
a roadway or driveway to provide positive drainage.
DNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
EQ
_ 512 North Salisbury Street 11612 Mail Service Center I Raleigh, North Carolina 27699-1612
NORTH CAROLINA
Department oiEnvironmental aumN F ` 919.707.9200

It is possible for this project to be redesigned to meet the requirements of a low density
project, however the following comments were made under the assumption that this
project will remain high density. If you plan on redesigning this project to meet low
density requirements, please let me know so that more appropriate comments can be
provided.
2. The directions to the project site appear to be incomplete and incorrect (Section I, 3).
Directions to the project site should start at a major intersection (intersection of any
Interstate, US or 1, 2, or 3 digit State highway) and should be given to the main entrance
of the project site.
3. There does not appear to be a public, commercial airport within 5 miles of the project
location (Section II, 5). Please either provide the name of the airport or change this item.
4. There does not appear to be any evidence of a proposed wet pond in the submission
(Section IV, 1). Please ensure that this section accurately reflects the proposed
stormwater treatment that is proposed.
5. Please ensure that the property area is correct (Section IV, 4). Typically, this value is the
entire parcel area, but if only a portion of the parcel is being developed, this value can be
the project area. The property/project area used here should match the property area as
delineated on the plans per Section VI,8i.
6. Please include the total surface water area (Section IV, 6). There appears to be a blue line
stream (Beaver Creek) that runs through the project area. The area between the banks of
this stream is considered to be surface water area.
7. Please recalculate Section IV, 7 & 8, taking the prior comments into account.
8. For a high density project, off -site drainage areas need to either be accounted for at their
full build -out potential (100% BUA) or a legal agreement needs to be reached between
the two property owners (Section IV, 10). See note at the end of the comments for more
information.
9. Please ensure that the net increase in on -site BUA is being treated in one or more primary
SCMs (Section IV, 10). Per the stormwater report, there appears to be a net increase of
478,359 sf on -site BUA while drainage area 1 only shows 462,965 sf of on -site BUA.
10. Please be more specific on how the amount and location of off -site BUA was determined
(Section IV, 11). Typically, this information is determined through a site survey or some
other official means.
11. Please complete the Supplement-EZ Form (Section V & Section VI,3). The Supplement-
EZ Form can be found at the following link: hgps:Hdeq.nc.gov/about/divisions/energ_y-
mineral-land-resources/energy-mineral-land-permit-guidance/stormwater-bmp-manual

12. The provided O&M Agreement Form does not list any primary SCMs, which are
required for a high density project. The grass swale SCM is only required on this form if
proposed vegetated conveyances are designed per the grassed swale MDCs. Please revise
the form as needed (Section V & Section VI, 3).
13. Please initial (with pen) the items included with the submission listed in Section VI of the
Application or indicate if any of these items are not applicable by writing "N/A" on the
corresponding initial line.
14. The provided deed restriction form is for low density projects (Section VI, 2 & Section
VII). Please provide one original and one copy of the high density deed restriction forms.
15. Please clearly show the project site location on the USGS topographic map (Section VI,
6). The provided plan set indicates that Beaver Creek is located within the project area
and this should be reflected on the USGS topographic map.
16. No calculations, save for a project density calculation in the included stormwater
management report, were provided (Section VI, 7). Please ensure that calculations are
provided to clearly demonstrate compliance with all applicable MDCs.
17. Please delineate and show the surface area (in either square feet or acres) of all on -site
surface waters in the main set of plans (Section VI, 8h). This information should match
Section IV, 6 of the Application.
18. Please ensure that only the project area is dimensioned with bearings and distances in the
main set of plans (Section VI, 8i). What was provided is acceptable, but it may not
accurately reflect the project area for this project. For example, if the 4.44 acre section of
the property that is set aside for "future development" is included within the project area,
and BUA associated with this future development will need to be covered under this
permit (either as future BUA in Section IV, 10 or as a modification to this permit).
19. Please identify and dimension all BUA (not associated with individual lots) on the main
set of plans (Section VI, 8j). The information entered into the Application and
Supplemental-EZ Form should be verifiable on the plans.
20. Please delineate the drainage area to the SCM in the main set of plans (Section VI, 8o).
21. Please show the required vegetated setback on the main set of plans (Section VI, 8p).
22. The signature in Section IX is not needed since the Applicant is the Property Owner.
With your permission, I will cross out the provided signature with red pen on the original.
Please edit the PDF of the Application to reflect this change.
23. Provide pdfs of all revisions, 2 hardcopies of revised plan sheets, and 1 hardcopy of other
documents.
a. PDFs must be uploaded using the form at:
https://edocs.deq.nc.gov/Forms/SW—Project Submittal

b. Hard copies must be mailed or delivered to the following address:
Jim Farkas
512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612
While it is not required, it is recommended that the off -site drainage from upstream properties be
diverted around the SCM since the Applicant cannot maintain control over the development of
property that they do not own. If the Applicant elects to account for off -site drainage, either the
entire off -site drainage area must be accounted for at its full buildout potential per 15A NCAC
02H .1003(3)(b) or there must be a recorded legal agreement in place between the Applicant and
the Owner of the upstream property in which the Owner of the upstream property agrees to
record a deed restriction limiting the minimum/maximum amount of BUA on the upstream
property that will be treated in the Applicant's SCM, the locations and sizes of access and
drainage easements, how construction and/or ongoing maintenance costs will be handled,
maintenance responsibility, a list of legal recourses available to each party should one party fail
to hold up their end of the agreement, and any other related legal issues.
Please note that this request for additional information is in response to a preliminary review.
The requested information should be received by this Office prior to December 10, 2020, or
the application will be returned as incomplete. The return of a project will necessitate
resubmittal of all required items, including the application fee. Please reference the State
assigned project number SW6201004 on all correspondence.
If you need additional time to submit the information, please submit your request for a time
extension to the Division at the contact below. The request must indicate the date by which you
expect to submit the required information. The Division is allowed 90 days from the receipt of
a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an
approved Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject
to enforcement action pursuant to NCGS 143-215.6A.
If you have any questions concerning this matter please feel free to contact me at
[e-mail] or [phone].
Sincerely,
)-6mGW�
Jim Farkas
Environmental Engineer
Stormwater Program
cc: Fayetteville Regional Office