SW5210603_Add Info_20210721

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
Kevin Varnell, PE
PO BOX 1108
Nashville, NC 27856
NORTH CAROLINA
Environmental Quality
July 21, 2021
Subject: Request for Additional Information
Stormwater Permit No. SW5210603
Duck Thru at Spring Hope, NC
Nash County
Dear Mr. Varnell:
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater
Management Permit Application for the subject project on June 21, 2021. A review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
There appears to be an overlap between the project area of this project and the project
area of SW5200701 (Bojangles at Spring Hope). Depending on the extent of the overlap,
permit SW5200701 may require a minor modification or a major modification. Please
clarify the extent to which permit SW5200701 will be impacted. The modification
process for permit SW5200701 must be initiated prior to this permit (SW5210603) being
issued.
2. When uploading the electronic files, please ensure that each document is uploaded under
its respective file type. Additional file types can be added to the form by clicking on the
"Add Another Post -Construction File Upload" link immediately following the file upload
section of the form. For example, the way the files for this submission were uploaded
resulted in each file being called "Plansheet — Misc. Detail" despite the fact that some of
these sheets were grading sheets, cover sheets, etc...
3. Please make sure that all of the submittal items are electronically uploaded (it appears as
though only the plansheets were uploaded). Submittal items, such as the Application,
supplement forms, calculations, and other supporting documents, were not provided
electronically. Please ensure that these items get electronically submitted in the next
submittal.
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 _
oepm nt of EnvimnmwUl uwl ry 919.707.9200

4. Please provide a pending sales agreement between the Property Owner and the Applicant
(Section III, lc).
NOTE: Permit SW5200701 requires the Property Owner (of that permit) to submit a
permit modification to the Division prior to the sale or subdivision of the permitted
property.
5. Per 15A NCAC 02H .1003(3)(b), any off -site areas that drain to the proposed SCM must
be accounted for at their full build -out potential. This can either be handled by having the
Applicant and the Off -site Property Owner enter into a legal agreement limiting the
amount of BUA that can be built on this off -site area (there's more information on this
following the comments) or by assuming that the off -site area is at its maximum build -out
potential (typically 100% BUA). For this reason, it is recommended to bypass all off -site
areas around the proposed SCM.
6. Please dimension the project boundary in the main set of plans (Section VI, 8i). Plan
Sheet CE-01 appears to have some of the property boundary labeled in this manner,
however, the entire property boundary is required to be dimensioned.
7. Please delineate the on -site wetlands in the main set of plans or place a note on the plans
indicating that there are no on -site wetlands (Section VI, 8m). Please also indicate the
individual that made this determination.
8. Please provide a second copy of the provided pre/post development runoff maps so that I
can add these to the main set of plans (Section VI, 8n & o).
9. Since there are off -site components to the proposed SCM drainage area, please explain
how the off -site impervious area was determined (Section IV, 11).
10. Please provide a property deed for this property (Section VI, 10).
11. Please provide official documentation showing that the Property Owner, It's Farm Time,
LLC, is in good standing with the Secretary of State and that the Signing Official,
Chester H. Brantley, has the authority to sign on their behalf.
12. The drainage area used in the calculations (4.7 ac.) does not match the drainage area
information in the Application/Supplement-EZ Form (4.26 ac.), both of which are
different than the information shown on the post -development runoff map (4.62 ac.).
Please revise as needed for consistency. The remaining comments will be made assuming
that the drainage area to the proposed SCM is 4.26 ac (since it was shown in multiple
places).
13. Please do not include the sediment storage zone (portion of the main pool/forebay that is
above the excavated bottom and below the sediment storage elevation) in the volume
calculations of the forebay and main pool. Please also clearly show the sediment storage
elevation (in both the forebay and main pool) on the wet pond cross-section.

14. The bottom elevation (255) and sediment removal elevation (256) shown in the O&M
Agreement Form appear to be incorrect. Please revise.
15. Please show the maintenance access and easement on the main set of plans (General
MDCs 8 & 9). Please ensure that this easement extends to the public right-of-way.
16. The main pool of the proposed wet pond appears to be too small (Wet Pond MDC lb).
NOTE: This assumes that the drainage area is 4.26 ac. which implies that the %BUA is
84%, which changes the SA/DA ratio and results in the main pool being too small (you
should be able to fix this by using Equation 3 to calculate the average depth of the main
pool which should reduce the SA/DA ratio).
17. The incremental storage shown at elevation 262.0 on plan sheet CE-04 (10,015 cf)
appears to be incorrect (the incremental storage shown might be the provided storage
between elevation 261.0 & 262.0 however, a cross-section for elevation 261.47 is
included in the stage -storage table and should be accounted for).
18. Since this project is located in a Nutrient Sensitive Watershed (NSW) please provide
something showing that this project uses an SCM that reduces nutrient loading (as
required per 15A NCAC 02H .1017(9)(c)). This requirement does not mean that all of the
NSW design requirements must be met.
19. Provide pdfs of all revisions, 2 hardcopies of revised plan sheets, 1 hardcopy of other
documents, and a response to comments letter briefly describing how the comments have
been addressed.
a. Pdfs must be uploaded using the form at:
https:.//edocs.deq.nc.gov/Forms/SW-Supplemental-Upload
b. Hard copies must be mailed or delivered to the following address:
i. For FedEx/UPS:
Suzanne McCoy
512 N. Salisbury Street, Office 640K
Raleigh, NC 27604
ii. For LISPS:
Suzanne McCoy
1612 Mail Service Center
Raleigh, NC 27699-1612
While it is not required, it is recommended that the off -site drainage from upstream properties
be diverted around the SCM since the Applicant cannot maintain control over the development
of property that they do not own. If the Applicant elects to account for off -site drainage, the off -
site area must be accounted for at its full build out potential (typically 100% BUA) or there must
be a recorded legal agreement in place between the Applicant and the Owner of the upstream
property in which the Owner of the upstream property agrees to record a deed restriction limiting
the minimum/maximum amount of BUA on the upstream property that will be treated in the

Applicant's SCM, the locations and sizes of access and drainage easements, how construction
and/or ongoing maintenance costs will be handled, maintenance responsibility, a list of legal
recourses available to each party should one party fail to hold up their end of the agreement, and
any other related legal issues.
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 August 20, 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 SW5210603 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
[e-mail] or [phone].
Sincerely,
VvVI
Jim Farkas
Environmental Engineer
Stormwater Program
cc: Raleigh Regional Office