HomeMy WebLinkAboutSW8020502_Historical File_20210504Johnson, Kelly
From:
Johnson, Kelly
Sent:
Tuesday, May 4, 2021 11:44 AM
To:
'Randy Schilsky'; 'DeSelms, Brett'
Cc:
Musial, Connor E; 'Crystal brown'; 'matt niquescapesinc. com'
Subject:
RE: [External] Schilsky Office Park - State Stormwater (SW8 020502)
Attachments:
2018 07 master table 020502.xlsx
I got your voicemail. This is detailed information for a phone call, and so I decided email would be better. The permit
requires you to record deed restrictions limiting the impervious area for each lot that is sold. Attachment A of the
permit summarizes the lots and the amount of impervious area that each lot should get. For instance Lot 1A is recorded
on Book 3043 Page 526-428 of the Onslow County registry. I do not know about the other lots.
Thanks,
Kelly
K.t;l.l.l�Jol�wsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Johnson, Kelly
Sent: Thursday, April 29, 2021 10:49 AM
To: Randy Schilsky <rschilsky@gmail.com>; DeSelms, Brett <bdeselms@mewbornlaw.biz>
Cc: Musial, Connor E <connor.musial@ncdenr.gov>; Crystal brown <cceason54@yahoo.com>; matt niquescapesinc. com
<matt@ niquesca pesinc.com>
Subject: RE: [External] Schilsky Office Park - State Stormwater (SW8 020502)
Hi Randy,
It was mentioned in the February letter. You may have overlooked it. It is also permit condition II (14).
Thanks,
Kelly
K-eI.L johv►.sow
Kelly Johnsen
Envircrimentai Engineer
NC Division of Energy, Minerai and Land Resources
Storm►water Permitting
127 : artflaai Drhie Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Randy Schilsky <rschilskv@gmail.com>
Sent: Wednesday, April 28, 2021 11:12 AM
To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>; DeSelms, Brett <bdeselms@mewbornlaw.biz>
Cc: Musial, Connor E <connor.musial@ncdenr.eov>; Crystal brown <cceason54@yahoo.com>; matt niquescapesinc. com
<matt@niquescapesinc.com>
Subject: Re: [External] Schilsky Office Park - State Stormwater (SW8 020502)
CAUTION: External email. Do not ci'ck finks or oW attachowft unlwss !j eau veritti. Send a8 suspicioLis eF k*l as an a t zhrnent to
Report Spam.
Hey Kelly,
I don't recall any conversations in the past regarding deed restrictions. Did I miss something in a prior trail? I thought we
had a governance concern we needed sure up for you. Can you reach out and clarify for me.
Best Regards
Randy Schilsky
910 340 7285
Rschilskv@gmaii.com
On Apr 26, 2021, at 4:30 PM, Johnson, Kelly <kelly.P.lohnson@ncdenr.gov> wrote:
This one was re -inspected, and it looks good. The last thing we need is the deed restrictions, and then
you will be all set.
I,e.e���Johwsow
Kelly 3ohnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phor_e: 910.796.7335
Note Change in Phone Number
From: Johnson, Kelly
Sent: Friday, April 9, 2021 10:30 AM
To: Randy Schilsky <rschilskv@gmail.com>; Musial, Connor E
<connor.musial@ncdenr.gov>; cceason54@vahoo.com; matt niquescapesinc. com
<matt@niquescapesinc.com>
Subject: RE: [External] Re: Schilsky Office Park - State Stormwater (SW8 020502)
I got your voicemail asking about what needs to be done for this project. I gave the file to Connor
yesterday so it can be reinspected.
Thanks,
Kelly
I�.e���ohwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwrater Permitting
127 Card;nal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone number
From: Randy Schilsky <rschilskv@email.com>
Sent: Thursday, April 8, 202110:51 AM
To: Musial, Connor E <connor.musial@ncdenr.eov>; cceason54@yahoo.com: matt niquescapesinc. com
<matt@ n iguescapesinc.com>
Cc: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov>; rschilskv@gmail.com
Subject: [External] Re: Schilsky Office Park - State Stormwater (SW8 020502)
CAUTION: External emal. � rQi cildc iinics Qr apen a Wtaenrr:�^.*a urs[sss:au verffir. Seed aR gu��iciocs earadl as an
attachrnmt to Report m .
Hello all, the pond noted above which received notice of non compliance has been repaired and is ready
to be reinspected. Please let us know when this is scheduled such that my contractor can be onsite to
address any concerns that may be evident still.
Best Regards,
Randy Schilsky
rschilskv@gmail.com
mobile 910 340 7285
On Jan 22, 2021, at 10:50 AM, Musial, Connor E <connor.musial@ncdenr.gov> wrote:
Thanks Kelly,
I'll be able to get out there and re -inspect the project next week
Connor Musial
Environmental Specialist
Land Quality Section
Division of Energy, Mineral, & Land Resources
North Carolina Department of Environmental Quality
91 0.796.7315 office
r
919.268.7567 mobile
connor.musial(cancdenr.gov
127 Cardinal Dr. Extension
Wilmington, NC 28405
<Outlook-uvb4augd.png>
Email corresp :' ..: to ai:d from this address is subject to the
North Caro'.'r.: ? : :a: d Lau and may be disclosed to third ii;,rties
From: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov>
Sent: Friday, January 22, 2021 10:34 AM
To: Musial, Connor E <connor.musial@ncdenr.gov>
Cc: rschilskv@gmail.com <rschilskv@email.com>
Subject: Schilsky Office Park - State Stormwater (SW8 020502)
Connor,
Mr. Schilsky called today, and he is ready for a reinspection. This was the one below. I
am not in the office and so I haven't pulled the file to pass it off to you. I will do that the
next time I am there. But, I wanted to give you a heads up in case you are in that area
before I talk to you.
Thanks,
Kelly
<image002.j pg>
K. LLI J0kws0w
Kelly Johnson
Environmental Engineer
MC Division of Energy, Mineral and' and Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
<202104 CEI_neither 020502.pdf>
4
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Johnson, Kelly SIUn�
From:
Johnson, Kelly
Sent:
Tuesday, May 11, 2021 4:20 PM
To:
Betty Bullock; Randy Schilsky
Cc:
Crystal Eason; DeSelms, Brett
Subject:
RE: [External] Storm water allocation (SW8 020502)
I have you down for 6/15/2021.
Thanks,
KJ
Kl:LLL�Johwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Betty Bullock <BettyB@jlpnc.com>
Sent: Tuesday, May 11, 20213:04 PM
To: Johnson, Kelly <kelly.p.johnson@ncdenr.gov>; Randy Schilsky <rschilsky@gmail.com>
Cc: Crystal Eason <cceason54@gmail.com>; DeSelms, Brett <bdeselms@mewbornlaw.biz>
Subject: RE: [External] Storm water allocation (SW8 020502)
CAU' ON: External email. Do not click iinks or open anachments unless you vF-4*. Send all suspicious emaii as an attachment to
Report 'Spam.
Could you possibly give us to mid -June?
From: Johnson, Kelly <kellv.p.iohnson@ncdenr.eov>
Sent: Tuesday, May 11, 20212:46 PM
To: Betty Bullock <BettvB@ilpnc.com>; Randy Schilsky <rschilskv@gmail.com>
Cc: Crystal Eason <cceason54@email.com>; DeSelms, Brett <bdeselms@mewbornlaw.biz>
Subject: RE: [External] Storm water allocation (SW8 020502)
Hi Betty,
I will leave this email chain on file to serve as the "Plan of Action" requested by the letter, but I need to set a due
date. What date is reasonable?
Thanks
KJ
11-1 ,JohKSOA,
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Betty Bullock <BettvB@ilpnc.com>
Sent: Tuesday, May 11, 20212:32 PM
To: Johnson, Kelly <kelly.p.iohnson@ncdenr.eov>; Randy Schilsky <rschilsky@smail.com>
Cc: Crystal Eason <cceason54@email.com>; DeSelms, Brett <bdeselms@mewbornlaw.biz>
Subject: RE: [External] Storm water allocation (SW8 020502)
CAUTION: External email. Do not click iink:s of Open attachrnf tt s Yet; verity, Send aii susoctrm s emad as an attachment to
Report Spam.
Kelly, yes we are working with Randy to help resolve and give you the correct deed
restrictions. However, John said it is a little complex and will take some time to resolve. We
are asking for an extension on this project. With our tremendous work load, we would
appreciate the extra time.
Betty -
From: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>
Sent: Tuesday, May 11, 20212:28 PM
To: Randy Schilsky <rschilsky@gmail.com>
Cc: Crystal Eason <cceason54@email.com>; DeSelms, Brett <bdeselms@mewbornlaw.biz>; Betty Bullock
<BettyB@ilpnc.com>
Subject: RE: [External] Storm water allocation (SW8 020502)
Mr. Schilsky,
I thought that that was the permit you were talking about, but that one isn't in-house for any permit action and so
wasn't sure. I know that you all are going to apply to transfer that one soon. When you submit that application, please
include a copy of the recorded deed restrictions. I will review all of that as part of the transfer process. '
Betty Bullock contacted me about this one recently, and so it sounds like Pierce and Associates is involved. They will be
familiar with how this works.
Thanks,
Kelly
K,eL LWohwsow
Kelly Johnson
Environmental Engineer
NC Division of Energy, Mineral and Land Resources
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: 910.796.7335
Note Change in Phone Number
From: Randy Schilsky <rschilskv@gmail.com>
Sent: Tuesday, May 11, 2021 12:30 PM
To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>; Randy Schilsky <rschilskv@gmail.com>
Cc: Crystal Eason <cceason54@gmail.com>; DeSelms, Brett <bdeselms@mewborniaw.biz>
Subject: Re: [External] Storm water allocation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spa m.<mailto:report.spam@nc.goy>
Hello Kelly, Last week we discussed pond on lot 2. SW8020502. Titled Schilsky Chiropractic. This is the one we most
recently brought in to compliance. You stated that all you needed was the impervious surface allocations when we
spoke and that you were NOT in need of us recording new deed. Restrictions. I have attached what I believe is the
allocations you are looking for.
Best Randy Schilsky
> On May 11, 2021, at 8:46 AM, Johnson, Kelly <kelly.P.iohnSon@ncdenr.gov> wrote:
> Mr. Schilsky,
> There was no document attached? Also, I know I have two permits that you are working on. Which one are you
asking about? Is this a carried on conversation from a previous email thread? (I think it is but I have too many of these
to know for sure)?
> KJ
> Kelly Johnson
> Kelly Johnson
> Environmental Engineer
> NC Division of Energy, Mineral and Land Resources
> Stormwater Permitting
> 127 Cardinal Drive Extension
> Wilmington, NC 28405-3845
> Phone: 910.796.7335
> Note Change in Phone Number
> -----Original Message----
> From: Randy Schilsky <rschilskv@Rmail.com>
> Sent: Monday, May 10, 20215:05 PM
> To: Johnson, Kelly <kelly.p.iohnson@ncdenr.gov>
a
> Cc: Crystal Eason <cceason54@smail.com>; Randy Schilsky <rschilsky@gmail.com>; DeSelms, Brett
<bdeselms@mewbornlaw.biz>
> Subject: [External] Storm water allocation
> CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.<mailto:report.spam@nc.gov>
> Hello Kelly can you take a look at this and confirm this 2008 document gives you the allocation you need. If not im not
sure what else you need.
> Best Regards
> Randy Schilsky
> 910 340 7285
> Rschilskv@gmail.com
Best Regards
Randy Schilsky
910 340 7285
Rschilskv@gmail.com
Page 1 of 1
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file:///C:/Users/rlmairs2/Desktop/dolphin%201ane%20jax%202.19.G1F 2/5/2019
Lewis,Linda
From: Lewis,Linda
Sent: Tuesday, February 05, 2019 4:17 PM
To: Mairs, Robb L
Cc: 'Samir Patel'; dlutheran@segi.us; 'larryl@jlpnc.com'; Pat Donovan -Brandenburg
Subject: RE: FW: [External] Re: FW: Questions on setbacks and blue creek
►1
The coastal stormwater rules which were in effect at the time the Schilsky Office Park permit SW8
020502 was issued (1995 version), did not require a stream setback for high density development. As
long as the high density permit for Schilsky Office Park remains in effect and is not modified (major),
the development of the individual lots under that permit will stay "grandfathered" under those older
stormwater rules, and cannot be forced to adhere to a later set of rules.
Even if a stream had been identified on the original approved stormwater plan from 2002, it would not
have made any difference in terms of a stream setback. The 1995 rules did not require a vegetated
stream setback for high density development.
-The project must still submit a state stormwater application and receive an offsite permit, but there will
be no requirement from DEMLR to provide a stream buffer. I cannot speak for any of the other local,
state or federal agency requirements, such as DWR, ACOE, etc., that may apply to the development
of this lot. DEMLR has no say in how those other agencies apply their rules to a proposed
development project.
Tree removal is generally governed by local ordinance, which as mentioned above, must still be
complied with. There may be certain trees of a certain diameter that cannot be cut down. Please
obtain the necessary approvals from the local government before removing trees or clearing the site.
I sincerely hopes this addresses your concerns and we can put this matter to rest.
Linda
From: Mairs, Robb L
Sent: Tuesday, February 05, 2019 3:48 PM
To: Lewis,Linda <linda.lewis@ncdenr.gov>
Subject: FW: FW: [External] Re: FW: Questions on setbacks and blue creek
Fyi, and thanks for your assistance clarifying the stormwater permit.
From: Samir Patel <mrsamirpatel@email.com>
Sent: Monday, February 04, 2019 5:58 PM
To: Larry LaVecchia <LarrvL@ilpnc.com>; Dana A. Lutheran <dlutheran@seei.us>; Mairs, Robb L
<robb.mairs@ncdenr.eov>
Subject: Fwd: FW: [External] Re: FW: Questions on setbacks and blue creek
External email. Do not click links or open attachments unless'you verify. Swd a'U suspicions a ii as art attachmr nt to
Robb:
To add to Larry's email, I am forwarding you Dana's understanding of the setbacks, along with Pat's (City of Jacksonville)
and Linda's (DEQ) guidance on the setbacks. Based on on information from all, we all understand that there are no
setbacks for the stream located inbetween the 335 dolphin dr, and 2355 Western Blvd.
I am sorry, if we or any one of us is asking this question again even after getting response from linda and Pat,
as below. Its because we dont want to purchase the land for 900k, and spend 20-40k on engineering drawings
to find out later on that there is a 50ft setback, that will totally change the footprint we are proposing.
So We just want to double check and ensure before spending too much money, if there will be setbacks on
stream side or not?
Another question is, can we trim or cut those tree near the stream?
Thank you
Samir Patel
---------- Forwarded message ---------
From: <dlutheran@segi.us>
Date: Mon, Feb 4, 2019 at 1:00 PM
Subject: FW: [External] Re: FW: Questions on setbacks and blue creek
To: Samir Patel <mrsamirpatel@gmail.com>
Samir,
Based upon Pat's response to my email (see below), there will not be any buffer requirements for this project. As per
Linda Lewis's email, an off -site stormwafer permit, through the state, will be required, but a buffer is not required.
i will submit the Pre -Construction Notification (PCN or wetland impact application) to the USACE and DWR, based upon
the attached site plan. Submittal to the DWR will prompt a request for payment of the $240 filing'fee. The DWR's review
time does not begin until the payment has been received, so please contact me before remitting payment to the DWR.
The USACE has 30 days to request additional information necessary to complete the application, issue or deny the
permit. In the event there is a request for additional information (RFAI) issued, the USACE has 45 days after they have
received a response to the RFAI to issue or deny the permit.
Stay tuned.
Dana
50ut6rn F,nvironmental Group, Inc.
j� 1 z5outb Colic Jc: KoaJ, 5 Suite F
Wilmington, NC 28+12
Oi =iz— 910.452.2J 1 1
Mohilc. 9 10.228.1 841
www.scai.us
From: Pat Donovan -Brandenburg <pdonovan-brandenbur>?@i acksonvillenc.gov>
Sent: Monday, February 4, 2019 12:00 PM
To:'dlutheran@sesi.us' <dlutheran@segi.us>
Cc:'Samir Patel' <mrsamirpatel@email.com>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
I did speak with him,
The City does not have jurisdiction for the stormwater permit, He has to obtain an offsite stormwater permit thru DEQ in
Wilmington since they wrote the original permit..
The permit needs to be in place before any Construction begins.
Since the state has jurisdiction I do not have a say so in this case,
However it is a stream, a perineal stream so yes the USACOE may have jurisdiction over the wetlands which will be their
call.
AT IaClit-OA'A AtRAN1)FT+,;BURGxt
S'1'URMWATF.R MANr (IF'.1Z
(11"Y' UI7 JACKSONVII.LF
FQ 11OX 128
8-15 NrW IME)GE ST
JACK.90NVII,I_E, NC 2854-1
91 0-938—G/l,i-o
From: dlutheran@segi.us <dlutheran@segi.us>
Sent: Monday, February 4, 2019 9:34 AM
To: Pat Donovan -Brandenburg <pdonovan-brandenburg@iacksonvillenc.gov>
Cc:'Samir Patel' <mrsamirpatel@gmail.com>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
HL•r' RNINi7. This email originated from outside of the organization. Do not dick links or open attachments unless you recognize the sender and know the content is
safe.
Good morning, Pat.
I received an email, from Samir, stating he had spoken with you regarding the City's buffer requirements, and that,
according to you, the project would not have any setbacks from the stream/ditch. If this accurate, would you please
confirm, via a response to this email? When applying for a Nationwide Permit, from the US Army Corps of Engineers, I
will need to provide documentation that the project meets local and state stormwater requirements. We have
confirmation from the State, but will need it from the City.
Many thanks,
Dana
"rr-ut"ti�':rit nvironmznt7il inc.
5515 joutl? Collegle Ko sci, 5ui e E,
Wilrnin�,ton, N(. 2£412
Ogice: 9 i OA5.Z."Z71 1
1V'ie�bih.: a 10.228.1 841
www.sogi.us
From: Lewis,Linda <linda.lewis@ncdenr.eov>
Sent: Thursday, January 31, 2019 3:26 PM
To: Samir Patel <mrsamirpatel@email.com>; Pat Donovan -Brandenburg <pdonovan-brandenbure@iacksonvillenc.eov>
Cc: dlutheran@seei.us; Mairs, Robb L <robb.mairs@ncdenr.eov>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
I have to agree with Mr. Patel. The feature you show as Hammonds Creek does not appear to be
adjacent the 335 Dolphin Drive property.
Linda
From: Samir Patel <mrsamirpatel@email.com>
Sent: Thursday, January 31, 2019 1:46 PM
To: Pat Donovan -Brandenburg <pdonovan-brandenbure@iacksonvillenc.eov>
Cc: dlutheran@seei.us; Lewis,Linda <linda.lewis@ncdenr.eov>; Mairs, Robb L <robb.mairs@ncdenr.eov>
Subject: Re: [External] Re: FW: Questions on setbacks and blue creek
External email. Do not _Xc links or open attachrrmtsuntess you verify. Send all suspicious email as an attachmentto
John Pierces office told me hammonds creek is located between cheddars and Coldwell Banker building, it's not flowing
between 335 dolphin dr and Coldwell Banker building.
Samir patel
On Jan 31, 2019, at 1:38 PM, Pat Donovan -Brandenburg <pdonova n-brandenburg@jacksonviIlenc.gov> wrote:
Our GIS specialist for the City made this r-ap for me years ago,
I am not sure exactly when,
And he can't remember where he pulled 'lis information from,
But he downloaded the information on the streams in our county.
Attached is the stream information.
He is looking to see where he pulled it from.
Will let you know.
PST BO i?VAc.ti 1i 41 D1+1�t3's. Ru
ST d�'�ilA°A'I JER MI ANACT171
CITY off' JAC:It,,SOWT) LE.
PO BOX 128
8-15 hfJ'.k BRIDCrF-. ST
JACK'SONVTLLI:, NG 28511
910-938-6446
From: dlutheran@segi.us <dlutheran@segi.us>
Sent: Thursday, January 31, 2019 12:27 PM
To: Pat Donovan -Brandenburg <pdonova n-brandenburg@iacksonvillenc.gov>; 'Lewis,Linda'
<linda.lewis@ncdenr.gov>;'Samir Patel' <mrsamirpatel@gmail.com>
Cc:'Mairs, Robb L' <robb.mairs@ncdenr.gov>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
i ' w This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender
and know the content is safe.
Thank you, Linda and Pat.
This project is located a 335 Dolphin Drive (see attached aerial photo). Pat, I believe the feature in
question is a finger off the stream Joanne Steenhuis reviewed, for the Jacksonville Market Place project.
A review of the State's Water Classification Interactive Map
(https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6el25ad7628f494694e259c80dd6
4265) does not reflect this feature as being named. The topo maps do not show it as a stream, and I
can't find any reference to a Hammonds Creek, in that area, on any maps. I think the subject feature is
an unnamed tributary, to an unnamed tributary of Mill Creek. I have attached some maps for your
reference. Should you have something showing it as Hammonds Creek, please send it along.
That being said, I believe part of the feature is a perennial stream, based on my visual inspection and the
topo. I will have Robb Mairs take a look at it for that purpose.
Dana
Joa:h-rn Environmental Group, 1nc.
5315 rjoutk College Koad,Suite U,
Wilmington, N 28+12
Q fice: y 10, 452.271 1
Mci6ile: v i O.i28.1 S-1 1
www.sej4i.us
From: Pat Donovan -Brandenburg <pdonovan-Brandenburg@iacksonvillenc.eov>
Sent: Thursday, January 31, 2019 11:07 AM
To: 'Lewis, Linda'<linda.lewis@ncdenr.gov>; Samir Patel <mrsamirpatel@email.com>
Cc: Dana Lutheran <dlutheran@segi.us>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
Thanks for Answering Linda,
We, the City has this stream identified at Hammonds Creek, it is a perennial stream so would It riot have
vegetated setbacks?
Should 1 request Joanne or her replacement to come and complete an assessment?
She Identified this stream area when they were building the Jacksonville Marketplace on Western a few
years back, of which the City permitted.
What should I do to clarify?
Please .advise.
Thank you.
ATU0N0%'AVPRANDF AURG
S7101V,f V''kTFf; IAitA.CMI.
(_ ITY OF J.,ACKS011V ILLS
PO $0X. 126
815 NEW f3 ID .T: ST
JA.CKS0 V11.I.Jw, NC 26,510
y1Q-938-6446
From: Lewis,Linda <linda.lewis@ncdenr.gov>
Sent: Thursday, January 31, 2019 10:25 AM
To: Samir Patel <mrsamirpatel@gmail.com>
Cc: Pat Donovan-Brandenburg<pdonova n-brandenburg@iacksonvillenc.gov>; Dana Lutheran
<dlutheran@segi.us>
Subject: RE: [External] Re: FW: Questions on setbacks and blue creek
Witi;`MtN • This email originated from outside of the organization, Do not dick links or open attachments unless you recgpize the sender �
and know the content is safe.
Mr. Patel:
I am sorry that I was not prepared to answer your question when you called
earlier. Questions like this require a lot of research that I had not done yet. I have
completed the research and offer the following information:
Based on the stream classification maps maintained by the Divis-ion of Water
Resources, the property at 335 Dolphin Drive is not located adjacent to arty named
strearn. The closest stream is Mill Creek which is almost a mile away. So, there are no
state stormwater vegetated setbacks to be applied here. Please note that wetlands,
while they are waters of the state, are not considered surface waters, therefore, the
vegetated setbacks required under the state stormwater rules do not apply to wetlands.
This is not meant to supersede any City -imposed regulations. If the buffering of a
wetland is part of the City's ordinance requirements, then of course, you must follow
those ordinances in addition to the state requirements.
The property at 335 Dolphin Drive is Lot 1 of the Schilsky Office Park. The Park as a
whole, was permitted to Dr. Randy Schilsky under permit number SW8 020502 for a wet
detention pond to treat runoff. The permit assigned maximum Built -upon Area limits to
each lot within the drainage area of the permitted pond. These limits should have been
recorded prior to your purchase of Lot 1, which is included in the drainage area of that
permitted pond. The Lot is allocated a maximum of 58,160 sf of built -upon to drain to
the pond under the SW8 020502 permit. As per the conditions of the SW8 020502
permit, any person who purchases a lot within the permitted subdivision must apply for
and receive a separate offsite permit to satisfy the State requirement to treat their
runoff.
Please submit a copy of the recorded deed restriction for your lot which contains the
58,160 sf BUA limit, along with your application to utilize the offsite facility under SW8
020502 to treat your runoff. If Dr. Schilsky did not provide you with a recorded BUA limit,
please advise.
If you have any other questions about the stormwater permit process, please let me
know.
Linda Lewis, E.I.
Environmental Engineer III
Division of Energy, Mineral and Land Resources
Department of Environmental Quality
910-796-7215 Office
linda.lewis(a?ncdenr.-gav
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
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From: Samir Patel <mrsamirpatel@gmail.com>
Sent: Wednesday, January 30, 2019 9:01 AM
To: Pat Donovan-Brandenburg<pdonovan-brandenbure@iacksonvillenc.gov>; Dana A. Lutheran
<dlutheran@segi.us>
Cc: Lewis,Linda <linda.lewis@ncdenr.eov>
Subject: [External] Re: FW: Questions on setbacks and blue creek
External email Dn not dirk f *, or tV" attedWwnts unless you verify. Send all ,t30c m ®rrrai as an
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Hello linda:
Were you able to lookinto this questions?
Samir
On Mon, Jan 28, 2019 at 11:57 AM Samir Patel <mrsamirpatel@gmail.com> wrote:
Hello Linda:
Can f call you to discuss the questions? or Can you respond to me by email?
Samir
On Mon, Jan 28, 2019 at 11:41 AM Pat Donovan -Brandenburg <pdonovan-
brandenbur8@6acksonvillenc.gov> wrote:
Mr. Patel,
I have attached "D00012819-0128019121752" which shows you the Written Coastal Rule about
vegetated setbacks stating the required 50' from top of bank setback.
I noticed that you attached a wetland delineation that shows the areas I referred to as being
protected. However I think it is outdated so therefore a new one will need to be done.
This is a named stream, it is Hammonds Creek.
You will have to follow the vegetated setback rule and USACOE wetlands rules and regulations
associated with the NEW, updated, Wetland delineation.
You will need to contact them about a new delineation.
This area is also managed by DEQ' stormwater group in Wilmington, so you will need to contact Mrs.
Lewis for an "offsite permit" for this site, I have carbon copied her on this.
I hope this helps.
Pat Donovan -Brandenburg
Stormwater Manager
City of Jacksonville
PO Box 128
11
815 New Bridge St
Jacksonville, NC 28541
910-938-6446
-----Original Message -----
From: Samir Patel <mrsamirpatel@gmail.com>
Sent: Saturday, January 26, 2019 11:34 AM
To: Pat Donovan-Brandenburg<pdonova n-brandenburg@jacksonvillenc.gov>
Subject: Fwd: Questions on setbacks and blue creek
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Pat:
I have following question in reference to the property and its setbacks. The property is located at 335
dolphin dr. I have attached an image to show vegetation from top view. Few documents are attached
for reference, 1) Boundary survey, 2) topographic survey, 3) Projected building footprint (with existing
tree shown as woodline in the drawing).
My question are
1) Can we cut down the trees that are located within the property line?
2) Can we trim down the trees that are located inbetween two properties as shown in image below? Is
there a documentation/city code or state code that we can go by.
3) what are the exact setbacks do I have to follow from the creek? As discussed earlier I need to have
50 ft setback from top of the bank of the stream in between adjacent properties. Can you send me
something in writting within the code book, for state and for city? So we can ensure that we are
following it correctly while projecting the foot prints.
3 4) Do you have any drawings of blue creek so we can estimate the setback correctly?
5) 1 was told by one of the wetland specialist that there is new rule that allows encroachment very
close to the stream line, Do you have any city code or state code that can guide us. ?
Thank you for your time.
i Samir
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