SW8060429_HISTORICAL FILE_20220512

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW8 06 04 Z 01
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE
2D7Z OS I'l
YYYYMMDD

Edmonds, Jessica
From: Edmonds, Jessica
Sent: Wednesday, May 18, 2022 9:24 AM
To: Angela Schmidt
Subject: RE: Lucky Fish Subdivision - SW8 060429
Hi Angela,
I am following up from our phone call today. This file has been prepared for scanning but has not yet been scanned. As
discussed, our paper files are considered public record and would include things like the application documents,
approved site plans, and other supporting documentation. If you would like to review this information, we can either
arrange a time to make the file available for review here in the office or can arrange to have the file scanned at your
expense. The cost to scan is $35/inch of file thickness (this file appears to be between 1-2 inches so it would likely cost
$70 to have the file scanned). Please advise if you would like to take advantage of either of these options.
From our conversation, it sounds like you wish to explore the option of having the permittee modify the subdivision's
permit to approve infiltrating permeable pavement as an option for the development and on certain individual lots on
behalf of lot owners. The benefit of this option is that overall subdivision permit will be comprehensive, the number of
permits issued within the subdivision are limited which will reduce the chance of compliance issues, it avoids the need to
renew this individual permit every 8 years ($505 application fee), and it avoids the requirement (and $505 application
fee) to transfer the permit when the homeowner sells their lot. In this case, the permittee and the homeowners would
need to determine who is responsible for the requirements associated with that surface, such as maintenance and
ensuring the certification is completed and note this in the application. The application forms necessary to modify the
subdivision permit can be found on the following website: INC DEQ: New Permits & Permit Modifications.
A minor modification per .1003(25) is any change that does not increase BUA or size of SCM. A major modification per
.1003(23) is anything that is not a minor mod. Adding permeable pavement is increasing the size of the SCM and
therefore would require a major modification.
The application package would need to include the following items:
I. Fee
II. Application (SWU-101)
III. Permeable Pavement Supplement (found here)
IV. Permeable Pavement O&M (found here):
a. If the permittee/HOA will maintain the permeable pavement, then a signed 0&M agreement must be
included with the application.
b. If the individual lot owner will maintain the permeable pavement, then the signed C&M agreement will
be submitted to the permittee/HOA by each lot owner as part of their individual application. The permit
will still require the permittee/HOA to make sure that each lot owner actually performs the
maintenance.
V. Proposed deed restrictions
VI. Description of the review process to follow for HOA reviewing submissions and who will maintain PP
VII. Two Sets of Plans
VIII. Calculations
IX. Soils Data:
a. If this package will only be used to add the option of permeable pavement to the permit, providing NRCS
or County Soil Maps is fine

b. For any site -specific permeable pavement that will be part of the modification, you will need to provide
soil boring(s) in the location of the proposed/existing permeable pavement.
Thanks!
Jessica Edmonds, El
Environmental Engineer
Division of Energy, Mineral, and Land Resources — State Stormwater Program
North Carolina Department of Environmental Quality
Office: 910 796 7215
Direct: 910 796 7344
Email: iessica.edmonds(Mncdenr.gov
Address: 127 Cardinal Drive Ext.
Wlminglon, NC 28405
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0 04 �
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Edmonds, Jessica
Sent: Wednesday, February 2, 2022 11:23 AM
To: Angela Schmidt <[e-mail]>
Subject: Lucky Fish Subdivision - SW8 060429
Hi Angela,
It was nice to speak with you yesterday. I have attached an unsigned PDF copy of the most recent permit text along with
a letter that was sent in 2015 for your records. Permit condition 1.3 lists the number of lots and total BUA for the permit,
while Permit Condition 11.11.E discusses the maximum built upon area allocation for each lot. A resource you may find
helpful in determining what counts as BUA is the NCDEQ Stormwater Design Manual, particularly chapter A-4 Built -Upon
Area and E-2 Single Family Homes with BUA. For the question about the roof covering over the permeable pavement in
your backyard: if this roof is retractable (like a sunshade) this would not count as BUA. If it is a permanent structure,
then the foundation of this roof would be counted as BUA, however, any permeable pavement around it has the
opportunity to be reviewed and approved and then be counted as a pervious surface.
Any lot that installs permeable pavement without the proper approval would not receive BUA credit until it is shown to
meet the requirements and is approved by the Division. Until then, it would be counted as impervious. There are a few
ways to move forward if permeable pavement has been installed without proper approval and/or the lot exceeds its
BUA allocation with other impervious surfaces:
1. Ensure BUA is being counted accurately on the lot, i.e. is there any landscaping material that is being counted as
BUA that would actually be pervious? Is the building BUA based on the footprint and excludes the roof
overhang? Please reference GS 143.214.7 (b2) and the stormwater design manual for clarification.
2. If the permit has a future BUA allocation, then the Subdivision's Permit could be modified to reallocate a portion
of the future BUA to an individual lot to increase its BUA allocation. This option requires updated deed
restrictions to be recorded along with a minor modification to be submitted.
3. Identify if there is a donor lot available within the same Subdivision Permit that could trade some of its BUA
allocation. Donor lots that have already been built will need to be surveyed to confirm their as -built BUA. The
difference between their BUA allocation and as -built BUA can be gifted to a lot that wants to increase its BUA
limit. This option requires updated deed restrictions to be recorded for both lots along with a minor
modification to be submitted to document the changes.
4. Remove enough existing BUA to stay within the allocated BUA limit with the new improvements, i.e. parts of a
patio, walkways, or the middle of the driveway that is not driven on.

NC DEQ/DEMLR
Stormwater Section
127 Cardinal Drive Extension
Wilmington, NC 2840S N
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NC DEQ/DEMLR
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ROY COOPER
Govemor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Dirwror
October 26, 2021
GCW Properties, L.L.C.
Attn: Robert Alton Capps III, Managing Member
2030 Eastwood Road, Suite 9
Wilmington, NC 28403
NORTH CAROLINA
Environmental Quality
Subject: Stormwater Permit Renewal Request and Transfer Request
State Stormwater Management Permit No. SW8 060429
Lucky Fish Subdivision aka Vineyard at Pages Creek
New Hanover County
Dear Mr. Capps:
State Storm water Management Permit #SW8 060429 for the subject project expired on August 9, 2020. This is a
reminder that permit renewal applications are due 180 days prior to their expiration per 15A NCAC 2H.1045(3).
North Carolina General Statutes and the Coastal Stormwater rules require that this property be covered under a
stormwater permit. Failure to maintain a permit subjects the owner to assessment of civil Penalties. More
information about the Post -Construction state stormwater program can be found on the following website:
deq.nc.gov/SW
Please submit a complete permit renewal form along with a $505.00 fee and other submittal requirements within
30 days. The permit renewal form can be found under the Post -Construction section of this website or at:
https://deg.nc eov/about/divisions/ener(>y-mineral-and-land-resources/stormwater/stomiwater-pro grt am/post-
conslruction-2. Also, it was noted in the file review that a designer's certification that the project was
constructed in accordance with the approved plans as required by the permit has not been submitted. Please
include this with your application.
Permits are not automatically transferred when the property ownership changes. If this property has had an
ownership change, a permit transfer application form along with the submittal requirements will also need to be
submitted. This form can also be found on the website provided above.
If you have any questions regarding this matter, please contact Ashley Smith at [phone] or
ash leym.sm [e-mail].
Sincerely,
CW�Q
3 :Brian Wrenn, Director
Division of Energy, Mineral and Land Resources
DES/ams: \\\Stormwater\Permits & Projects\2006\060429 HD\2021 10 req_ren 060429
cc: Robert Alton Capps 111, Registered Agent; GCW Properties, L.L.C.; 5908 Tamannary Drive; Greensboro, NC
27455
Lucky Fish Subdivision HOA; New Property Owner; 7402 Lucky Fish Lane; Wilmington, NC 28411
Robert Allen Capps; Registered Agent for New Property Owner; 7402 Lucky Fish Lane; Wilmington, NC 28411
Wilmington Regional Office File
D _E QNorth Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.79b.7215