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HomeMy WebLinkAboutSW4210401_Add Info_20210525ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRIAN WRENN Director Justin C. Church, PE 1520 Meadowview Drive Wilkesboro, NC 28697 NORTH CAROLINA Environmental Quality May 25, 2021 Subject: Request for Additional Information Stormwater Permit No. SW4210401 Brown Apartments Watauga County Dear Mr. Church: The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater Management Permit Application for the subject project on April 22, 2021. A review of that information has determined that the application is not complete. The following information is needed to continue the stormwater review: The 45,593 sf of "existing" BUA is not actually existing BUA. Per 15A NCAC 02H .1002(17), existing development is defined as, "... those projects that are built or those projects that have established a vested right under North Carolina law as of the effective date of the state stormwater program ... to which the project is subject. " Based on historical Google Earth imagery for the site (See attached), the "existing" BUA was installed sometime after 2013 and therefore after the effective date of the state stormwater program in this area. This "existing" BUA is therefore not existing per the definition. This "existing" BUA should have been covered under a State Post - Construction Stormwater Permit when it was built, but it was not so it will now need to be covered under this permit. The SCM design was not reviewed in-depth since it will need to be redesigned to account for all of the proposed BUA (I have provided general comments that need to be addressed regardless of the final size/configuration of the proposed SCM(s)). 2. As designed, this project does not meet the requirements of a low -density project. To be a low -density project, the following requirements must be met: a. Max %BUA — Since this project drains to a HQW/ORW, the maximum allowable % BUA is 12%. Since the "existing" BUA is not actually existing BUA (see above), it must be accounted for in the %BUA calculation, resulting in a %BUA for the site over 12%. North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources 512 North Salisbury Street 1 1612 Mail Service Center I Raleigh, North Carolina 27699-1612 NORTH CAROLINA Deaan emorenvimwenWlDaality 919.707.9200 b. Pipe Network — Low -density projects cannot use a pipe network to collect stormwater runoff (There are some exceptions to this rule such as transporting stormwater runoff under a driveway, but the pipes used in this project do not meet these exemptions). c. SCM — Low -density projects are not (typically) required to have an SCM for water quality treatment. 3. It is recommended that an organization (such as a corporation, LLC, etc...) be listed as the Applicant (Section III, 1). It is not against the rules for an individual to be the permittee, however, if there are any permit violations, the individual will personally be held responsible. Please ensure that the permittee understands this if they intend to remain personally responsible for the permit. 4. Please include the name of the major river basin (i.e. the New River) in Section IV, 3 of the Application. 5. Please list the surface area of all surface waters that are located within the project area (Section IV, 6). Surface waters are any waters that are shown on the latest version of the USGS topographic map for the area as a blue line. It appears that Brown Branch runs through the property and a portion of the South Fork of the New River may be located on the property. Please also recalculate Section IV, 7 & 8 as needed. 6. Please include the stream index number (i.e. "10-1-(3.5)") in the table in Section IV, 10 of the Application. 7. Since there are no off -site areas draining to the proposed SCM, Section IV, 11 is not required. 8. Please complete and provide the latest version of the Supplement-EZ Form (Section V). The Supplement-EZ spreadsheet uses Macros to automatically generate the required pages once the information on the cover sheet has been entered. Please ensure that the spreadsheet is enabled for editing and click on the "Load Forms" cell to generate all of the required pages. Please also ensure that an original signed hard copy of this form is provided (Section VI, 3). 9. Please complete and provide the latest version of the O&M Agreement Form (Section V). The O&M Agreement Form also uses Macros to automatically generate the required pages once the information on the cover sheet has been entered. Please also ensure that an original signed hard copy of this form is provided (Section VI, 3). 10. Please provide the original, signed hard copy of the Application (Section VI, 1). Please make sure to also provide a copy of the Application as only one was provided in the initial submission. 11. Please identify, delineate, and call out the surface area of all on -site surface waters in the main set of plans (Section VI, 8h). 12. Please delineate any on -site wetlands in the main set of plans (Section VI, 8m). If there are no wetlands on -site, please provide a note in the main set of plans stating so. Please provide the name and qualifications of the individual that made the wetland determination. 13. Please include the drainage area to the proposed SCM in the main set of plans (Section VI, 80). 14. The "vegetated buffers" in Section VI, 8p refer to vegetated setbacks as outlined in 15A NCAC 02H .1003(4). These setbacks should be provided from surface waters, not the property lines. 15. Please provide a copy of the soil boring location map from the provided soils report so that the SHWT information can be verified (Section VI, 9). Please also indicate the ground surface elevation of the boring so that the SHWT elevation can be verified 16. Please show the maintenance access and easement for the proposed SCM in the main set of plans (General MDCs 8&9). The access should encompass the entire footprint of the SCM plus 10 or more feet around the SCM (for maintenance) and should extend to the nearest right-of-way. 17. Please call out the sand media specification for the sand chamber in the main set of plans (Sand Filter MDC 6). 18. 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: hgps://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 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 June 24, 2021, 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 SW4210401 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 Jim.Farkas@ncdenr.gov or (919) 707-3646. Sincerely, V✓vl Jim Farkas Environmental Engineer Stormwater Program cc: Winston-Salem Regional Office