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 â 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 â 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 â 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,
Vâvl
Jim Farkas
Environmental Engineer
Stormwater Program
cc: Winston-Salem Regional Office