SW3220302_email_20220823

Peck, Kaitlin
From:Kennedy Wilson <[e-mail]>
Sent:Tuesday, August 23, 2022 9:06 AM
To:Farkas, Jim J
Subject:RE: \[External\] RE: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County
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Report Spam.

Thanks Jim, this is very helpful. Let me review options and get back to you!

Thanks.

Kennedy Wilson, E.I.

121 Gilead Road
Huntersville, NC 28078
o: 704.875.1615
c: 828.284.6862

www.hensonfoley.com

From: Farkas, Jim J <[e-mail]>
Sent: Monday, August 22, 2022 4:24 PM
To: Kennedy Wilson <[e-mail]>
Subject: RE: \[External\] RE: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County

Options:
- Submit a minor modification to allocate the crossed-out BUA (in the picture below) to future BUA. This would be
the simplest permitting option (minor modifications have no cost associated with them and can be reviewed
fairly quickly). You would need to fill out the Minor Modification Form
(https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
program/post-construction) and provide updated plans (indicating that this BUA will now be future BUA). The
permit will be re-issued with the updated BUA allocations.
- Request to rescind the permit and claim a redevelopment exemption (I don’t know if the numbers will work out
for this option, if they do not, this is not a viable option). Redevelopment is defined in 15A NCAC 02H .1002(41)
and exempt per 15A NCAC 02H .1001(1)(f). If what is proposed will meet the redevelopment exemption you can
request that the permit that we issued be rescinded and provided documentation showing that this project
meets the redevelopment exemption. If it does, we will rescind the permit and issue a letter indicating that the
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project does not require a permit (but it may need one in the future if there is additional development on-site).
Essentially, you will need to show that there will not be a net increase in BUA on-site and that the proposed
stormwater management will be better than or equal to what is currently being provided.
- Modify the permit from a high-density permit to a low-density permit (this would remove the need to have the
SCM, but I don’t know if the numbers will work out for this option, if they do not, this is not a viable option).
Requirements for the project to be considered as low-density can be found in 15A NCAC 02H .1003(2). You
would need to demonstrate that the proposed revision will not exceed the low-density BUA allowance for the
site and that all of the low-density requirements outlined in 15A NCAC 02H .1003 will be met with the new
design (NOTE: Piping of stormwater is typically prohibited for low-density projects and low-density projects are
required to be designed in a manner that reduces flow concentration so it may not be practical to meet the low-
density requirements without a significant redesign). This would qualify as a major modification and the
permitting time would be comparable to a new project review.

The minor modification option probably requires the least amount of work, rescinding the permit would probably
require a little bit more work than the minor modification (but would probably be more beneficial to the Owner so long
as the numbers work out/requirements are met), and the major modification option could entail anywhere from some
work to quite a bit of work (depending on the specifics, but this option would probably require more work than the
other two options, even under ideal circumstances).

Let me know if you would like to discuss further,

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources – Stormwater Program

512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

[phone]
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

2

From: Kennedy Wilson <[e-mail]>
Sent: Monday, August 22, 2022 3:46 PM
To: Farkas, Jim J <[e-mail]>
Subject: \[External\] RE: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.

Hey Jim,

Hope you are doing well. If you feel your response will to this email would be easier over the phone, feel free to give me
a call.

So we got all the approvals for this project and ownership was about to start construction when they purchased a
property down the road that already had a warehouse on it. That being said, they still want to do all the updates as
shown below but they do not want to building the warehous, loading area, and parking as shown below crossed out in
red.

This obviously would be a change to the stormwater permit and wanted to see what that process would be.

The plan now would actually not be adding much more impervious than what is already there. Is it possible that they no
longer need a water quality device or a detention pond. Is there a certain threshold we can stay under?

If we do end up needing the pond no matter what, would it almost be easier to just call everything out shown in red, as
future (maybe grey it out on plans) and leave the pond as designed so that if they ever do want to build this piece, it is
already permitted. The owner is fine with doing this since it did already get approved and would likely result in the least
amount of stormwater permit application changes. But he is also open to the idea of just removing it completely from
the plans.

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Thanks.

Kennedy Wilson, E.I.

121 Gilead Road
Huntersville, NC 28078
o: 704.875.1615
4

c: 828.284.6862

www.hensonfoley.com

From: Farkas, Jim J <[e-mail]>
Sent: Friday, June 17, 2022 8:47 AM
To: [e-mail]; [e-mail]; John Pincelli <[e-mail]>
Cc: Jay Henson <[e-mail]>; Kennedy Wilson <[e-mail]>; Khan, Zahid
<[e-mail]>; Jeremiah Combs <[e-mail]>
Subject: RE: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County

Good Morning,

The Division of Energy, Mineral, and Land Resources (DEMLR), received a complete Stormwater Management Permit
Application for the subject project on June 10, 2022. Staff review of the plans and specifications has determined that the
project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000 - 1062 rules. We
are forwarding Permit No. SW3220302, dated June 17, 2022, for the construction, operation and maintenance of the
subject project and the stormwater system. This permit shall be effective from the date of issuance and shall be subject
to the conditions and limitations as specified therein, and does not supersede any other agency permits that may be
required.

The original signed permit package and plans are being mailed to the permittee, Julian Wilson, at the following address
(NOTE: An electronic version of this permit can be found in our online repository:
https://edocs.deq.nc.gov/WaterResources/Browse.aspx?id=494276&dbid=0&repo=WaterResources):

PSA Denver, LLC
Attn: Julian Wilson, Manager
3850 Fernandina Road
Columbia, SC 29201

I will hold onto our hard copies of these projects for 30 days (in case any issues/typos with the permit are noticed and
corrections need to be made) after which point, they will be kept on file at the Mooresville Regional Office. If you have
any questions, or need additional information concerning this matter, please contact me at [e-mail].

Thank you,

Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources – Stormwater Program

512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

[phone]
[e-mail]

5

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: Farkas, Jim J
Sent: Monday, March 7, 2022 3:12 PM
To: [e-mail]; [e-mail]; Kennedy Wilson <[e-mail]>;
[e-mail]; John Pincelli <[e-mail]>
Cc: Khan, Zahid <[e-mail]>
Subject: RE: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County

Good Afternoon,

We received your post-construction stormwater permit application for the above mentioned project on 3/3/2022.
Reviews under the standard permitting process generally take 45 calendar days, but can take up to 90 calendar days per
statute (our other reviewer, Corey Anen, no longer works for the State, so this review may exceed 45 days). Please
upload all documents that you mailed into our office through the link provided below. Be sure to choose the Central
Office as the Primary Contact office.

https://edocs.deq.nc.gov/Forms/SW-Supplemental-Upload

IMPORTANT NOTE: Please ensure that each file is uploaded under its appropriate file type. Additional file types can be
entered into the electronic form by clicking on the “Add Another Post-Construction File Upload” link directly below the
“State Stormwater Information Uploads” section of the form. Please do not upload entire plan sets through this form,
but rather upload the relevant individual sheets under the appropriate file type. Selecting the correct file type ensures
that the files are properly named in the electronic repository and it helps expedite the review process.

Please type in permit #: SW3220302

If you have any questions, please contact Jim Farkas [e-mail] 919-707-3646.

Thank you,

Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources – Stormwater Program
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512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

[phone]
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

From: Farkas, Jim J
Sent: Friday, February 18, 2022 9:44 AM
To: [e-mail]; [e-mail]; Kennedy Wilson <[e-mail]>;
[e-mail]
Cc: Moore, James <[e-mail]>
Subject: Denver Defense; 1417 NC-16 Business, Denver, Lincoln County

Good Morning,

We received your application for a new post-construction stormwater permit on 2/17/2022. At this time, the submission
is not administratively complete and cannot be accepted for review in its current condition. Please provide the following
submittal items within 30 calendar days (by close of business on 3/21/2022) so that we may accept the project and
begin the review process, otherwise, the project will be returned as administratively incomplete.
- 1x complete hard copy of the Supplement-EZ Form. This item is required per Section V & VI, 3 of the Application.
NOTE: This form uses macros to generate the correct pages, depending on what is entered into the cover page.
The complete form should have a cover page, drainage areas page, and a sand filter page (only the cover page
was provided).
- 1x complete O&M Agreement Form. This item is required per Section V & VI,3 of the Application and 15A NCAC
02H .1042(2)(j). Similar to the Supplement-EZ Form, this form uses macros to generate the correct pages
(describing the maintenance requirements that the Applicant is agreeing to perform). NOTE: You may wish to
get a second version of this form notarized for the Applicant to keep (since the Register of Deeds will require an
original for recording).
- 1x complete hard copy of the signed & notarized Application. Section X (Applicant’s Certification) of the
Application must be signed and notarized by the Applicant. Per 15A NCAC 02H .1040(1), if the Applicant is an
LLC, the signing official (listed in Section III, 1a and signed Section X of the Application) must be by a manager or
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company official (Ben Wilson is not listed on the Secretary of State’s website
(https://www.sosnc.gov/online_services/search/by_title/_Business_Registration) as a manager or company
official for PSA Denver, LLC). Please do one of the following: 1) Have Julian Wilson listed as the Applicant
(Section III, 1a) and sign the Applicant’s Certification (Section X) since he is listed with the Secretary of State as a
manager for PSA Denver, LLC or 2) provide official documentation from an acceptable individual (such as Julian
Wilson) stating that Ben Wilson has signatory authority for PSA Denver, LLC and have Ben Wilson sign the
Applicant’s Certification (Section X). Since the Applicant is also the Property Owner, Section IX of the Application
should not be signed.
- It is noted that the SHWT elevation information was not provided, but will be provided at a later date (per the
Application). Please be aware that the permit will not be able to be issued until this information is received and
reviewed.
- 2x signed & sealed hard copies of a plan sheet showing the following:
o Delineated drainage areas to the proposed sand filter (Required per Section IV, 8o of the Application
and 15A NCAC 02H .1042(2)(g)(iv)). It is noted that one full sized copy of the drainage area map was
provided as part of the calculations, however, we require this to be provided in the main plan set (You
can just provide an additional hard copy and I will slip-sheet them into the plan sets).
o Wetland delineation or a note on the plans stating that there are no wetlands located on-site (Required
per Section VI, 8m of the Application and 15A NCAC 02H .1042(2)(g)(iii)). Please also list the name of the
individual that made this determination in a note on the plans.

NOTE: This is an administrative completeness review, not a detailed engineering review, there may be other issues that
may be brough up during the engineering review):
- While not required to be addressed for administrative completeness…
o it appears as though the old design standards may have been used to design the proposed sand filter
(the sand filter calculation page references Chapter 11 of the BMP Manual which was revised in 2017
due to a rule change). The current design standards can be found at the following link:
https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
program/stormwater-design Please ensure that the latest design requirements are met.
o there does not appear to be a stormwater maintenance/access easement around and leading to the
proposed sand filter (required per General MDC 8 & 9).
o per the guidance in Part C-6 of the Manual, the surface of the filter of the sand filter should be covered
in sand, not sod (bottom of page 6). NOTE: This is not a requirement, but a recommendation (It helps
with maintenance and helps prevent clogging of the sand filter).

If these items are received within the stipulated timeframe, we can accept the project and begin the review process.
Once accepted, reviews under the standard permitting process generally take 30 – 45 calendar days, but can take up to
90 calendar days per statute (one of our two reviewer positions is currently vacant so this review will probably be closer
to 45 days than 30).

Hard copies should be mailed to the following address:
For FedEx/UPS:
Jim Farkas
512 N. Salisbury Street, Office 640E
Raleigh, NC 27604

For USPS:
Jim Farkas
1612 Mail Service Center
Raleigh, NC 27699-1612

If you have any questions, please contact Jim Farkas [e-mail] 919-707-3646.

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Thank you,

Jim Farkas
Environmental Engineer
North Carolina Department of Environmental Quality
Division of Energy, Mineral, & Land Resources – Stormwater Program

512 N. Salisbury Street
1612 Mail Service Center
Raleigh, NC 27699-1612

[phone]
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has
adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or
are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to
appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your
requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging
time.

9