SWA000119_Email_20211101

Farkas, Jim J
From:Farkas, Jim J
Sent:Monday, November 1, 2021 11:08 AM
To:Keeny, Jeremy
Cc:Lawyer, Mike
Subject:RE: \[External\] RE: Duncan's Creek ATC Permit SWA000119
Yes, that’s fine, we’ll get everything else reviewed/in order while we wait for the property ownership to change and
once that’s official, we can wrap up the review fairly quickly. I have no problem with this approach.

-Jim

From: Keeny, Jeremy <[e-mail]>
Sent: Monday, November 1, 2021 11:00 AM
To: Farkas, Jim J <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: \[External\] RE: Duncan's Creek ATC Permit SWA000119

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Jim,

I’m following up on the above referenced review and below email. My client, Rob Bailey, I believe spoke with you about
this particular project. As Rob mentioned, we will not be able to get the current land owner to sign the standard
language in the application, but the Client will be closing on the property prior to any construction beginning. So per
your conversation with Rob, we intend to resubmit as is currently, so that we can have the permit ready to issue pending
owner’s signature. We will have Rob sign once he has closed on the property, and have the permit issued shortly there
after.

With that said, we will need additional time from the original date to get the resubmittal in (hopefully resubmitting no
later than next Friday, 11/12). Also, I want to confirm that it will come in without the owner’s form signed, and that we
can have everything ready to go pending that signature?

Thanks,
Jeremy M. Keeny, PE, PLS
Associate
M ORRIS & R ITCHIE A SSOCIATES OF NC, PC
5605 Chapel Hill Road, Suite 112, Raleigh, NC 27607
Tel: [phone] | Cell: 252-290-5209 | www.mragta.com

From: Farkas, Jim J <[e-mail]>
Sent: Wednesday, October 20, 2021 7:45 AM
To: Keeny, Jeremy <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: \[External\] RE: Duncan's Creek ATC Permit SWA000119
1

Jeremy,

Corey no longer works with the state so I will be taking over this review.

The provided property owner’s consent letter will address item 1 from the 9/30/2021 Request for Additional
Information Letter since it does indicate that the applicant has the legal right to obtain a stormwater permit for the
project area, however, it does not address item 2. The provided property owner’s consent letter does not have the same
scope as the property owner’s authorization portion of the Fast-Track Application (notably, the property owner’s
authorization requires the property owner to affirm that if the development agreement between the permittee and
property owner gets dissolved, the permit reverts back to the property owner). It is for this reason that we require that
this part of the application be signed & notarized and that the provided property owner’s consent letter does not suffice
to address this comment. If you need additional time to get this signature, we can grant you a time extension (email me
with an anticipated resubmission date).

Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources – Stormwater Program

512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

[phone]
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: Lawyer, Mike <[e-mail]>
Sent: Tuesday, October 19, 2021 4:23 PM
To: Farkas, Jim J <[e-mail]>
Subject: FW: \[External\] RE: Duncan's Creek ATC Permit SWA000119

Jim,
2

Didn’t know if Corey made you aware of the subject application and/or e-mail communication below.

Michael Lawyer, CPSWQ
Environmental Program Consultant
Division of Energy, Mineral and Land Resources
North Carolina Department of Environmental Quality

Phone: [phone]
E-mail: [e-mail]

225 Green Street, Suite 714
Fayetteville, NC 28301

Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.

From: Keeny, Jeremy <[e-mail]>
Sent: Tuesday, October 19, 2021 2:01 PM
To: Anen, Steven C <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: \[External\] RE: Duncan's Creek ATC Permit SWA000119

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Corey,

Following back up to see if you had a chance to review the attached owner’s consent, and if that will satisfy needed
owner signatures?

Thanks,
Jeremy M. Keeny, PE, PLS
Associate
M ORRIS & R ITCHIE A SSOCIATES OF NC, PC
5605 Chapel Hill Road, Suite 112, Raleigh, NC 27607
Tel: [phone] | Cell: 252-290-5209 | www.mragta.com

From: Keeny, Jeremy
Sent: Wednesday, October 6, 2021 8:31 AM
To: 'Anen, Steven C' <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: Duncan's Creek ATC Permit SWA000119

Corey,

3

Thank you for the clarifications. We will get these addressed and returned to you ASAP. One question I had in regards
to right to submit and property owners authorization. We have the attached Owner’s Consent Form that has been
signed/notarized. Will this satisfy your comments for items 1/2 of your comments? The property owner agreed to give
us the owners consent as attached, but has been difficult to get additional applications signed. We feel this covers the
authority to submit/construct on his behalf. Can you take a look and let me know your thoughts?

Thanks,
Jeremy M. Keeny, PE, PLS
Associate
M ORRIS & R ITCHIE A SSOCIATES OF NC, PC
5605 Chapel Hill Road, Suite 112, Raleigh, NC 27607
Tel: [phone] | Cell: 252-290-5209 | www.mragta.com

From: Anen, Steven C <[e-mail]>
Sent: Tuesday, October 5, 2021 5:24 PM
To: Keeny, Jeremy <[e-mail]>
Cc: Lawyer, Mike <[e-mail]>
Subject: Duncan's Creek ATC Permit SWA000119

Good afternoon,
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater Management Fast Track
Authorization to Construct Permit Application for the subject project on September 27, 2021. A review of
that information has determined that the application is not complete. Attached is a letter describing the items that need
to be submitted. If you have any questions, please feel free to contact me. My contact information is listed below.
Corey Anen, PE
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral & Land Resources Stormwater Program

512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

919-707-3649
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

4