SW8931204_Historical File_20121024

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MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
October 24, 2012
Mr. Gilbert G. Lepsig, Owner
Harbour Watch Lot 4 (permit number SW8121008)
40817th Street
Sunset Beach, NC 28468
Mr. Daniel Johnston, President
Ocean Harbour Estates Association (permit number SW8 931204)
PO Box 4817
Calabash, NC 28467
Subject: Request for Additional Information
Stormwater Project No. SW81.21008 (Harbour Watch Lot 4)
Stormwater Project No. SW8 931204 (Ocean Harbour Estates)
Brunswick County
Dear Gentlemen:
The Wilmington Regional Office received and accepted the two State Stormwater Management Permit applications
for the subject projects on October 10, 2012. Lot 4 is applying for a permit to drain partially to SW8 931204 and to
drain partially to its own onsite infiltration trench. SW8121008 will cover the new, onsite infiltration trench. SW8
931204 is being modified to accommodate the change under SW8121008. A preliminary in-depth review of that
information has determined that the application is not complete. The following information is needed to continue the
stormwater review:
SW8121008:
1. Drainage Areas: Please provide a breakdown of drainage area data in the table of Section IV(10) showing
all of the applicable data (drainage area, impervious area, etc) for a.) The drainage to SW8 931204, and b.)
The onsite drainage area.
2. Calculations:
a. Design Options: There are four infiltration design options. The calculations show that the design is
intended to comply with option #2. However, the volume and drawdown times are not computed
per option 42, and it does not appear that an offline bypass is provided. This design was perhaps
intended to comply with one of the other options. Please clarify your intent in your resubmittal and
Ensure that the appropriate supporting calculations are provided.
b. Soils Report: Please provide the elevation of the boring used in determining the SHWT.
c. Soil Scientist: Vince Lewis' site visit report is not on file. Please schedule a site visit with him if
you have not done so already. He can be reached at 910.7%.7378.
d. Pre & Post Development Discharge Rates: Please check these rates and provide updated
calculations if necessary. The post development (mitigated) rate should be less than the pre -
development rate.
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One
Phone: [phone] FAX [phone] DENR Assistance: 1-877-623-6748 NO Carolina
Internet: www.ncwaterquality.org
aturally
An Equal Opportunity 1 Affirmative Action Employer

3. Plans:
a. Trench Dimensions: Please show the length, width (both dimensions), and height of the trench on
the plan. Please also clarify why groundwater is shown to be within 3ft of the surface in the
observation well detail. That is inconsistent with the soils report.
b. Trench Elevations: Please show the bottom, top, overflow, perforated pipe invert, distance of the
perforated pipe from each side of the trench, and other pertinent elevation data on the plans.
c. Swale: A 3:1 swale is shown along the southern portion of the infiltration trench draining towards
the yard inlet into the trench, but this swale is not shown on the cross section. Please show the
depth of the swale in relation to the top of the trench.
d. Buffer: Please show the 50ft buffer from the MHW line.
e. Wetlands: Please either label wetlands on the plan or provide a note that they do not exist onsite.
4. Trench Location: The plans show that the trench will be 12" from the home. The BMP manual recommends
placing the infiltration trench 15ft down -gradient from any structure. Please provide a sealed statement that
the structural integrity of the home will not be compromised by the stormwater structure.
5. Project Name: The proposed project is "Harbour Watch Lot 4". Please clarify whether or not the intended
title was "Ocean Harbour Estates Lot 4" because it is part of a larger permit called "Ocean Harbour Estates".
6. Permeable Pavement: Permeable pavement is shown on the plans in the drainage area to SW8 931204,
but it does not look like the project is seeking impervious area credit. If you intend to seek impervious area
credit in the area draining to SW8 931204 please apply to the HOA for that credit in the process outlined in
the SW8 931204 permit.
SW8 931204:
1. General: If any data changes for SW8121008, please be sure to update SW8 931204 appropriately and
vice versa.
Please remember that a change to one number may have a domino effect on other numbers. Please check all plans,
calculations and forms to ensure that the numbers are consistent throughout. Please note that this request for
additional information is in response to a preliminary review. The requested information should be received in this
Office prior to November 26, 2012, or the application will be returned as incomplete.
The return of a project will necessitate resubmission of all required items, including the application fee. If you need
additional time to submit the information, please mail, email or fax your request for a time extension to the Division at
the address and fax number at the bottom .of this letter. 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.
Please reference the State assigned project number on all correspondence. Any original documents that need to be
revised have been sent to the engineer or agent. All original documents must be returned or new originals must be
provided. Copies are not acceptable.
Page 2 of 3

If you have any questions concerning this matter please feel free to call me at [phone] or email me at
[e-mail].
CSince ly,
elly h on
Environ ental Engineer
GDS/kpj: S:1WQS1StormwateAPermits & Projects120121121008 HD1201210 addinfo 121008
S:1WQS1Stormwater\Permits & Projects11993\931204 HD1201210 addinfo 931204
cc: Phil Tripp, PE
Wilmington Regional Office Stormwater File, SW8121008
Wilmington Regional Office Stormwater File, SW8 931204
Page 3 of 3

Completeness Review Checklist
Project Name:fflQa Received Date: (c--? 0%
Project Location: 'oesu Accepted Date: 94
Paperwork Emailed Engineer on:
❑Supplement(s) (1 original per BMP) BMP Type(s):
❑O&M with correct/original signatures (1 original per BMP except LS/VFS and swales)
®Application with correct/original signatures
Corp or LLC: Sig. Auth. per SoS or letter Note to Reviewer:
505 (within 6mo)
®Soils Report with SHWT
Calculations (signed/sealed)
I�
®No obvious errors
Density includes common areas, etc
Deed Restrictions, if subdivided:
& Notarized
Plans
L—J2 Sets L_JDetails (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
®Grading Wetlands: Delineated or No Wetlands
®Vicinity Map ®Layout (proposed BUA dimensions)
Legend ©bA Maps Project Boundaries
Infiltration Wet Pond Offsite
Soils Report Soils Report 1:1PE Cert for Master Lot #:
SHWT: SHWT: ®Deed Rest for Master ®Lot # Matches Master
Bottom: PP: BUA Permitted (Master): sf
Visited: BUA Proposed (Offsite): sf
Additional Information:
Permitted Proposed: Prannsed: Prnnnsed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)

Johnson, Kelly
From:
Johnson, Kelly
Sent:
Monday, July 23, 2012 7:23 AM
To:
'Tom Roberts'
Cc:
Gibby Lepsig; Russell, Janet
Subject:
RE: Ocean Harbour Estates, SW8 931204
Tom,
Here are the answers to your questions:
1.) SWU-101, htto://aortal.ncdenr.org/web/wa/ws/su/statesw/forms docs. There is a list of required items on the
form and a set of directions on the same page.
2.) $505 per permit.
3.) You do not have to have a "study" done unless you want to see if the existing BMPs can accommodate extra
capacity, but since there will be an engineer designing the BMP you could also get him/her to prepare the
modification package for the HOA. There would be some calculations involved for the HOA to reduce the size of
the drainage area to the existing BMP(s) that you would want an engineer to do.
4.) Yes
5.) The law says "90 days from a complete application", which means that if we go back and forth with requests for
additional information the clock starts over each time. But, it generally runs —60 days from the complete
application. There is an Express option that is faster (30 days from a complete application), but it is more
expensive. I believe new high density projects are $4K (Lepsig's) and minor modifications to high density
permits would be $2K (HOA's). (I have cc'd Janet Russell, the Express Coordinator, in case I have those prices
wrong. Express also doesn't necessarily accept unusual permits if�they don't think they could get this out that
quickly. That would be up to them.)
6.) Yes.
KJ
From: Tom Roberts [mailto:[e-mail]]
Sent: Friday, July 20, 2012 4:44 PM
To: Johnson, Kelly
Cc: Gibby Lepsig
Subject: Re: Ocean Harbour Estates, SW8 931204
Kelly,
I need some clarification regarding modification of the HOA's permit. Lets see if I can ask the right
questions.
1. What form is needed for the HOA modification?
2. What is the fee for modification.
3. Does the HOA HAVE to have an engineering study to do the modification. We are not installing
anything new ... only the homeowner and they will be getting their separate engineered solution.
4. Would the HOA have to do a modification every time that a homeowner wanted to use a BMP
solution to offset addition impervious surface above the 5300 sq ft allowed?
5. What is the timeframe for approval of the modification?
6. Does the HOA modification need to be submitted with the homeowners permit application?
Please just define a bit more how this process will flow and what is needed for the HOA's
participation. Thanks!

Tom Roberts
Thomas Capital Investments
Beach Property Investment & Management, LLC
[e-mail]
Phone: [phone]
Fax: [phone]
----- Original Message ----
From: Johnson. Kelly
To: Gibby Lepsig ; Tom Roberts. Ocean Harbor Neighbor
Cc: Stanley Dills
Sent: Thursday, July 19, 2012 9:20 AM
Subject: RE: Ocean Harbour Estates, SW8 931204
Gibby & Tom,
I have talked with staff about how to accommodate a best management practice (BMP) on an individual lot that is
installed and maintained by a homeowner rather than overseen by an HOA. The details of the process are below, but
Gibby you will have to apply for a permit for the individual lot, and Tom you will have to modify the subdivision's
permit (because only the permittee can modify the permittee's permit.) Whatever financial arrangement as to who
pays for what is up to the two of you. Please work with your engineer(s) to submit the appropriate applications and
supporting documentation if you choose to move forward:
1. Operation & Maintenance (O&M): The homeowner is responsible for his own best management practice
(BMP). (Your BMP will likely be an infiltration trench if the seasonal high water table is low enough.) Gibby,
please ask your engineer to submit an O&M agreement for your BMP establishing that you will be responsible.
2. Certification: All permitted BMPs have to be certified by an engineer that they have been installed correctly.
The same will be for the individual lot's BMP.
3. Related Permits: There will be two permits, the master subdivision's permit (which will be modified to
accommodate this arrangement), and the individual lot's permit. They will be written as being related, but will
be stand-alone.
4. Modify the Master Subdivision's Permit: This permit must be modified to reference the new individual permit
and to reduce the overall drainage area to the master permit.
5. Individual Permit Text: The permit will be written so that a portion of the impervious area drains to the master
subdivision's permit and a portion will drain to the onsite BMP on the individual lot. (Your engineer will know
what the information under this #5 means. I can send him/her an example if that is confusing.)
1. Drainage to master subdivision's Permit:
1. Show the individual lot's drainage area draining to the master subdivision at a max impervious
that has been allocated to the individual lot by the master subdivision's permit.
2. Provide updated calculations reducing the drainage area to the existing master subdivision's
BMPs under the master subdivision's permit by reducing the appropriate drainage area by the
amount that will now drain to the individual lot's BMP.
3. Show that the area to be treated by the individual permit has been taken out of the master
permit. If this frees up capacity in the affected subdivision's trench that can be related to a
"future" allocation for the development, the subdivision can claim that "future" allocation for a
future use. Additionally, if any other capacity is found in the trench(es) serving the subdivision
during this process you can also claim associated "future" allocations during this modification
for that capacity if you so choose. Please submit supporting calculations.
2. Drainage Onsite of Individual Lot:
1. Show the drainage area that will be onsite on the individual lot.
i. Deed Restrictions: Once the permit for the lot is issued, the entire individual permit for the single lot must be
recorded with the deed so that future owners will know to comply. This will be a condition of the permit.
F. High Density Only: (Stanley, FYI, if this comes up for another subdivision this process can only be done for high
density permits. Low density permits have an overall maximum percentage of density for the subdivision that
does not accommodate this arrangement.)
OA

Kelly
From: Johnson, Kelly
Sent: Thursday, July 12, Z01Z 12:45 PM
To: 'Gibby Lepsig'; Tom Roberts. Ocean Harbor Neighbor
Cc: Stanley Dills
Subject: Ocean Harbour
Gibby & Tom,
I have been talking with each of you, so I thought I would close the loop with a single email rather than a separate one
to each of you. (I have also cc'd the building inspector, Stanley Dillis.)
The Division does not delegate review of engineered stormwater solutions to HOAs. We have delegated the
permeable pavement review to your HOA because it is really simple given the soils in your area. However, other
stormwater management options such as infiltration trenches (underground pipes that hold then infiltrate water),
bioretention cells (special landscape islands with certain soil media that infiltrate water in a certain way), and sand
filters (underground concrete boxes with a chamber that settles solids on one side and filters the remaining water on
the other) are much more complicated, and require engineering review. So, we don't have a menu of options for
homeowners to choose from to treat water onsite and then automatically get "extra" impervious area allocations. The
Division oversees the review of all of the designs, which we call Stormwater Best Management Practices (BMPs).
We also have not, to my knowledge anyway, permitted a BMP on an individual lot for the purpose of creating "extra"
impervious allocation for that lot beyond what has already been permitted through the HOA. Your HOA has BMPs
already onsite that have been sized to account for the water draining from all impervious surfaces in your
neighborhood per the law that was in place when the permit was issued. (The laws have become more stringent since
your permit was issued.) The engineer who designed your system worked with your developer to decide how much
impervious area was needed for the entire neighborhood's roads, lots, sidewalks etc. Then, he made the BMPs hold
the resulting amount of water. Each lot was then given a set amount of impervious area to work with based on his
math. Generally, when a neighborhood needs more impervious area, they work with an engineer to review the design
calculations to see if there is any extra, unclaimed capacity available in the BMP. Or, they either increase the size of the
existing BMPs or install additional BMPs that can create more impervious area to be allocated to lot owners that want
bigger houses. In some cases, neighbors who do not plan to use their entire allocation have sold that allocation to
neighbors who want it. We have also had cases where a lot owner will buy an additional lot in the subdivision to claim
that lot's allocation. (There are restrictions on these last two options. For instance, the two lots have to drain to the
same BMP.) All of these options also have to be done in accordance with any restrictions beyond the stormwater
permit if there are any. For instance, some local jurisdictions have density limits in place, there could be CAMA
requirements, or a variety of other potential considerations.
I have contacted our Central Office to see what to do about the idea of putting a BMP on a single lot, and how we
would work through a multitude of logistical (and potentially legal) issues that we haven't worked through before.
Modifying the HOA's permit is the preferred option. That has been done many, many times and we can do that easily.
I will let you know what I hear from Raleigh.
3

*** My email has changed to [e-mail]
I<.eLLWOILIA SDIA,
Kelly Johnson
Environmental Engineer
Division of Water Quality
Stormwater Permitting
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Office: 910.796.7331
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties.

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