SW6220202_email_20230309

Peck, Kaitlin
From:Farkas, Jim J
Sent:Thursday, March 9, 2023 8:53 AM
To:Landon Lovelace
Cc:[e-mail]; Zach Alley
Subject:RE: \[External\] RE: SW6220202; Messer Parcels
We require the updated electronic and hard copies to reflect this change. As stated in my prior email, this is more of an
accounting issue than a design issue and we need the paperwork to be revised to reflect this.

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Landon Lovelace <[e-mail]>
Sent: Monday, February 13, 2023 3:27 PM
To: Farkas, Jim J <[e-mail]>
Cc: [e-mail]; Zach Alley <[e-mail]>
Subject: \[External\] RE: SW6220202; Messer Parcels
Importance: High

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Good afternoon Jim.

I hope this finds you well. In looking back through the comment, I have a few notes/thoughts.

The off-site impervious from the right-of-way that was used in the calculations was 1119 sf. The total off-site area within
the right-of-way is 5917 sf. We updated the curve number calcs to reflect the total 5917 sf to be impervious and the
curve number did not change, therefore nothing else in the report besides the CN table on page 21 would change. I
understand the comment and am also hopeful that the attached report, which has this off-site area added and a big red
note that says the “The off-site BUA within the NCDOT right-of-way which drains to the SCM is assumed to be 100%
impervious for these calculations”, will be sufficient in order to move ahead with approvals and NOT have to resubmit
paper copies of all of this stuff.

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We are talking about less than 0.15 acres over a 9.72 drainage area and I am confident based on the analysis and the
above thoughts that this has no practical bearing on the functional capacity of the proposed stormwater system. Can all
get this one off the plate? Please don’t hesitate to call me directly if this does not satisfy the comment and/or approval
process or if I’ve mis-understood what you were asking for.

Thanks in advance.

Landon M. Lovelace, PE – Principal

1149 Executive Circle, Suite C | Cary, NC 27511
M: 919.244.0494 | [e-mail]
Visit our new website: www.underfootengineering.com

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From: Farkas, Jim J <[e-mail]>
Sent: Tuesday, February 7, 2023 2:49 PM
To: Landon Lovelace <[e-mail]>
Cc: [e-mail]
Subject: RE: SW6220202; Messer Parcels

Landon,

I was looking over the additional information you provided on 8/9/2022. Everything looks good except for a few small
issues:

Please correct the following:
- Prior Comment – “Please ensure that the off-site component of the drainage area is accounted for at its full
build-out potential (15A NCAC 02H .1003(3)(b)). It is recommended to bypass this off-site component of the
drainage area around the SCM since the permittee has no control over what happens on property that they do
not own or have a right to. If the off-site area cannot or will not be bypassed, the off-site area can be accounted
for by either assuming that this area is 100% BUA (its full build-out potential) or by having the property owners
enter into a legal agreement limiting the drainage area and BUA being directed from the off-site area to the
SCM. (You may want to just assume that the off-site area is 100% BUA since it is such a small area and the SCM
appears to be sufficiently sized to handle the “extra” BUA).” Your response is noted, however you must either
assume that the off-site area is 100% BUA (its full build-out potential) or by having the property owners enter
into a legal agreement limiting the drainage area and BUA being directed from the off-site area to the SCM.
Simply stating that the off-site area is located in the ROW and is therefore at its full build-out potential is
insufficient to address the comment (This is more of an accounting issue than a design issue since the provided
design is sufficient sized to handle this off-site area if it is assumed to be 100% BUA). The reason that we require
this is that the off-site drainage area is not owned by the permittee and therefore, they have no control over
what the off-site property owner does with it in the future (for example, in this situation, DOT could widen the
road shoulder, add a sidewalk, or change the drainage pattern of the roadway to increase the amount of off-site
drainage directed to the SCM without the applicant’s consent and if there is not some “extra” allowance in the
off-site area (or a legal agreement) the applicant could become non-compliant with their permitting conditions
at no fault of their own).

Please provide the following:
- 1x hard copy & 1x electronic copy of the revised calculations.
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- 1x hard copy & 1x electronic copy of the revised pages of the Supplement-EZ Form & Application.
- 2x hard copies & 1x electronic copy of the revised plan sheets (as needed).
- 1x hard copy (2x hard copies for plan sheets) & 1x electronic copy of anything else needed to address the above
comments.

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

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

Hand Delivery:
Please reach out to me prior to hand delivering a submission to make sure that I (or someone else in my group)
will be able to receive the submission. Do not leave the package in the foyer with the security guard.

NOTE: Hard copies should not be sent to a Regional Office. Doing so will delay the review process and the
submission package may be lost while being sent from the Regional Office to me in the Central Office.

Electronic copies should be uploaded at the following location:
https://edocs.deq.nc.gov/Forms/SW-Supplemental-Upload

Since these are really minor things, once I get the hard copies, anything else that may have changed from addressing
these issues, and the documents are uploaded to Laserfiche (Provided everything is still in order), we can issue the
permit without doing another formal review.

Let me know if you have any questions.

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Farkas, Jim J
Sent: Thursday, November 3, 2022 1:16 PM
To: [e-mail]
3

Cc: [e-mail]
Subject: RE: SW6220202; Messer Parcels

Landon,

I was looking over the additional information you provided on 8/9/2022. Everything looks good except for a few small
issues:

Please correct the following:
- Prior Comment 1.c. – The provided receiving stream, Thorton’s Creek (18-19, WS-IV), does not appear to be
correct. Thorton’s Creek is classified as part of a water supply watershed (WS-IV) and areas that drain to water
supply watersheds are reviewed by local jurisdictions, not the State. Please take another look at this as it
appears that this site may actually drain to Black River (18-68-12-1, C;Sw). If you believe that the project site
actually drains to Thorton’s Creek, please provide a map showing the drainage from the site to Thorton’s Creek.
- Prior Comment 3.b.v. (Wet Pond Page of the Supplement-EZ Form, Line 28) – Using Equation 3 \[Davg =
(Vperm.pool – Vshelf) / Abottomshelf\] and \[Vshelf = 0.5 * (Dshelfmax * Pperm.pool * Wsub.shelf)\] with the
following values, based on the provided information \[Vperm.pool = 53,262 cf, Abottomshelf = 12,447 sf,
Dshelfmax = 0.5 ft, Pperm.pool = 542 ft, & Wsub.shelf = 3.0 ft\] results in an average depth of approximately 4.2
ft \[Vshelf = 0.5 * (0.5 ft * 542 ft * 3.0 ft) = 406.5 cf, Davg = (53,262 cf – 406.5 cf) / 12,447 sf = 4.2 ft\]. Please
revise as needed.
- Prior Comment 3.b.viii. (Wet Pond Page of the Supplement-EZ Form, Line 35) – Per the provided stage-storage
table and design information, the permanent pool surface elevation is located at elevation 266.5’ and the invert
of the lowest bypass orifice/weir is located at elevation 267.75’ (the “Design Storm Orifice”). The stage-storage
table/calculations indicates that approximately 23,088 cf of storage can be provided between these elevations.
Please revise as needed. Please also revise the SCM design volume on the Drainage Areas Page, Line 20.
- Prior Comment 3.b.ix. (Wet Pond Page of the Supplement-EZ Form, Lines 43 & 44) – Please ensure that these
depths are from the permanent pool surface elevation to the excavated bottom of the forebay entrance and
exit, not the top of the sediment storage zone for the forebay entrance and exit. NOTE: Line 34 and the
calculations indicate that the forebay cleanout depth (distance from the permanent pool surface elevation to
the top of the sediment storage zone) is 66 in. Since the permanent pool surface elevation is at elevation 266.5’
this would put the top of the sediment storage zone in the forebay at elevation 261.0’. The excavated bottom of
the forebay entrance and exit must be at least 6 in. lower than the top of the sediment storage zone and the
entrance must be at a lower elevation than the exit. Please revise as needed.
- Prior Comment 5 – Please upload the electronic files from the 8/9/2022 hard copy submission at the following
link: https://edocs.deq.nc.gov/Forms/SW-Supplemental-Upload
- Please ensure that the off-site component of the drainage area is accounted for at its full build-out potential
(15A NCAC 02H .1003(3)(b)). It is recommended to bypass this off-site component of the drainage area around
the SCM since the permittee has no control over what happens on property that they do not own or have a right
to. If the off-site area cannot or will not be bypassed, the off-site area can be accounted for by either assuming
that this area is 100% BUA (its full build-out potential) or by having the property owners enter into a legal
agreement limiting the drainage area and BUA being directed from the off-site area to the SCM. (You may want
to just assume that the off-site area is 100% BUA since it is such a small area and the SCM appears to be
sufficiently sized to handle the “extra” BUA).
- Supplement-EZ Form, Cover Page, Line 7 – Please include the width of the vegetated setback (it is noted that
there are no surface waters located on-site, however we ask that the setback width still be included. It is 30’ in
this part of the State).
- Supplement-EZ Form, Wet Pond Page, Line 53 – Please answer this item (The pond embankments must be
vegetated with non-clumping turfgrass per Wet Pond MDC 11a).

Please provide the following:
- 1x hard copy & 1x electronic copy of the revised calculations.
- 1x hard copy & 1x electronic copy of the revised pages of the Supplement-EZ Form.
4

- 2x hard copies & 1x electronic copy of the revised plan sheets (as needed).
- 1x hard copy (2x hard copies for plan sheets) & 1x electronic copy of anything else needed to address the above
comments.

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

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

Hand Delivery:
Please reach out to me prior to hand delivering a submission to make sure that I (or someone else in my group)
will be able to receive the submission. Do not leave the package in the foyer with the security guard.

NOTE: Hard copies should not be sent to a Regional Office. Doing so will delay the review process and the
submission package may be lost while being sent from the Regional Office to me in the Central Office.

Electronic copies should be uploaded at the following location:
https://edocs.deq.nc.gov/Forms/SW-Supplemental-Upload

Since these are really minor things, once I get the hard copies, anything else that may have changed from addressing
these issues, and the documents are uploaded to Laserfiche (Provided everything is still in order), we can issue the
permit without doing another formal review.

Let me know if you have any questions.

Jim Farkas
State Stormwater Engineer
North Carolina Department of Environmental Quality
Office: [phone]
[e-mail]

From: Farkas, Jim J
Sent: Tuesday, May 3, 2022 11:13 AM
To: [e-mail]; [e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: RE: SW6220202; Messer Parcels
5

Good Morning,
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater Management Permit Application
nd
for the subject project on February 22, 2022. A review of that information has determined that the application is not
complete. Attached is a letter describing the items that need to be submitted. If you have any questions, please feel free
to contact me. My contact information is listed below.
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.

From: Farkas, Jim J
Sent: Wednesday, February 23, 2022 11:46 AM
To: [e-mail]; [e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: SW6220202; Messer Parcels

Good Morning,

6

We received your post-construction stormwater permit application for the above mentioned project on 2/22/2022.
Reviews under the standard permitting process generally take 30 – 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 will probably be closer to
45 days than 30). 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 #: SW6220202

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

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.

7

From: Farkas, Jim J
Sent: Thursday, December 16, 2021 1:15 PM
To: [e-mail]; [e-mail]
Cc: Lawyer, Mike <[e-mail]>
Subject: Messer Parcels; East Stewart Street, Coats, Harnett County

Good Afternoon,

We received your application for a new post-construction stormwater permit on 12/16/2021. 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 1/18/2021) so that we may accept the
project and begin the review process, otherwise, the project will be returned as administratively incomplete.

- 1x original signed & sealed hard copy of the Supplement-EZ Form (Available here:
https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
program/stormwater-design). This item is required per Section VI, 3 of the Application.
- 1x original signed & notarized hard copy of the O&M Agreement From (Available here:
https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-
program/stormwater-design). This item is required per Section VI, 3 of the Application and 15A NCAC 02H
.1042(2)(j). NOTE: You may wish to get a second original signed & notarized hard copy of this document for the
Applicant’s records since the Register of Deeds will require an original signed copy for recording (required per
15A NCAC 02H .1050(11)).
- 1x original signed hard copy of the Application – The provided Application is missing the Property Owner
Information (Section III, 2) and the Property Owner signatures (Section IX). For multiple Property Owners,
duplicate these sections of the Application as necessary.
- 1x hard copy of a soils report for the site. This item is required per Section VI, 9 of the Application. This
information can be found at the following location: https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
- 1x original signed & sealed hard copy of the calculations. This item is required per Section VI, 7 of the
Application and 15A NCAC 02H .1042(2)(f). It is noted that a stormwater report / calculations were shown as
being included per the provided letter of transmittal, however I did not receive this item. NOTE: Per NCDEQ
policy, we are not allowed to place USB drives into our computers so I could not view the provided electronic
files. Once the submission is administratively complete, I will send you a link so that electronic versions of the
submittal materials may be uploaded.
- 1x original signed & notarized hard copy of the Deed Restriction Document (Available here:
https://deq.nc.gov/about/divisions/energy-mineral-and-land-resources/stormwater/stormwater-program/post-
construction-program/post-construction-forms). This item is required per Section VI, 2 of the Application and
15A NCAC 02H .1042(2)(k). NOTE: You may wish to get a second original signed & notarized hard copy of this
document for the Applicant’s records since the Register of Deeds will require an original signed copy for
recording.
- 1x hard copy of the project narrative. This item is required per Section VI, 5 of the Application and 15A NCAC
02H .1042(2)(a)(vi).
- 1x additional hard copy of the plan set. This item is required per Section VI, 8 of the Application and 15A NCAC
02H .1042(2)(g-i). The rules require two sets of plans be provided but only a single set of plans (1 main set of
plans and 1 road widening set) were provided.
- 2x hard copies of a full-sized plan sheet showing the following:
o Drainage area map for the proposed wet pond. This item is required per Section VI, 8o of the Application
and 15A NCAC 02H .1042(2)(g)(iv).

NOTE: This is an administrative completeness review, not a detailed engineering review. The following items were noted
during this review, but do not need to be addressed for this submission to be administratively complete and accepted
for review (but these issues, and possibly others, will probably be brough up during the engineering review):
- This project appears to be located within 5 miles of Harnett Regional Jetport (Section II, 5).
8

- Please provide a point of contact for the local building permits (Section III, 4). The will be forwarded a copy of
the permit once approved.
- The receiving water (Section IV, 10 of the Application) appears to be incorrect. This information can be found at
the following address:
https://ncdenr.maps.arcgis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265
- It is recommended to divert any off-site portions of the drainage area around the proposed wet pond since
areas that are not bypassed must be accounted for at their full build-out potential (typically either 100% BUA or
limited via a legal agreement between property owners) per 15A NCAC 02H .1003(3)(b).
- The wet pond appears to short-circuit due to the proximity of the inlets and outlet (Wet Pond MDC 4, 15A NCAC
02H .1053(4)).
- For future reference, please do not send these submissions to the Fayetteville Regional Office, but rather to the
Central Office (address below). Sending the submission package to the wrong address can delay the review
process (for example, the Fayetteville Regional Office received this submission on November 24, 2021 but it did
not get sent over to me until today).

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

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.

9

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.

10