SW6120801_Emails_20120822

Patterson, Robert
From: Robert Balland [[e-mail]]
Sent: Wednesday, August 22, 2012 10:09 AM
To: Patterson, Robert
Cc: wbfuller@aol,com; Lawyer, Mike
Subject: RE: Lot 1A, Averitt Properties -Additional Information Request
Attachments: SSW-SuppForm-WetPond-20120418-DWO-SPU.xls; SHWT Letter.PDF
Robert,
Please find attached the revised supplement form with the SHWT elevation and a letter from a soil scientist with the
SHWT in the vicinity of the pond. Please let me know if you need any further information at this time.
Regards,
Robert P. Balland, P.E., LEED AP
PARAMOUNTE ENGINEERING, INC.
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
910-791-6707 (P)
910-791-6760 (F)
910-619-1186 (M)
2533 Raeford Road, Unit A
Fayetteville, NC 28305
910-263-8092 (P)
[e-mail]
www.paramounte-ene.com
From: Patterson, Robert [mailto:robert,Patterson@ncdenr,gov]
Sent: Monday, August 13, 2012 11:11 AM
To: Robert Balland
Cc: [e-mail]; Lawyer, Mike
Subject: Lot 1A, Averitt Properties - Additional Information Request
Robert,
The Division of Water Quality Central Office received a Stormwater Management Permit Application for the subject
project on August 7, 2012. A preliminary review of that information has determined that the application is not
complete. The following information is needed to continue the stormwater review:
1. The SHWT elevation was left blank on the supplement form; and no soils report with a SHWT determination was
included in the package. Your email to the airport director made reference to a high water table, but I need
supporting information on that. This must be based on a soil boring within the footprint of the proposed pond.
Please see 10.3.2 of the BMP Manual for more information.
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 September 13, 2012, or the application will be returned as
incomplete. The return of a project will necessitate resubmittal of all required items, including the application fee.

If you need additional time to submit the information, please mail 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 let me know if you have any questions.
Thanks
Robert D. Patterson, PE
Environmental Engineer
NCDENR I DWQ I Stormwater Permitting
1617 Mail Service Center, Raleigh, NC 27699-1617 Mai 1 512 N. Salisbury St, 91h Flonr, Raleigh, NC 27604 LocaLinn L% Parcels
{919) 807-6375 Phonc 1 [phone] Fax I Robert, Pattersorr,nederingov Einiiil i http://por-tal.ncdenr.org/ web/wgfws/su Websiu,
j.A Before printing this email, please consider your budget and the environment.
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 unless the content is
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N

Diuguid, Bill
From: Diuguid, Bill
Sent: Wednesday, August 08, 2012 11:16 AM
To: 'Robert Balland'
Cc: Randall, Mike; Bennett, Bradley
Subject: RE: Lot 1A Averitt Properties Site Plan Pkg
Thanks for responding quickly. I am working to reach consensus on this end.
Bottom line, the Dept would be concerned about permitted a facility which could potentially be an airport/aircraft
safety issue.
As the FAA guideline states, we are concerned about creating another pond where there are other nearby ponds
that could encourage "hazardous wildlife movement" among these ponds.
The new Session law, through its language, encourages us to not only avoid building new ponds in the restricted area,
but
to also look towards encouraging the retrofit and/or removal/redesign of existing ponds. As you know, this law and FAA
rules
have focused more on this problem due to the increasing number of bird strikes on aircraft across the country.
Since the Airport Director has signed off on your design, this should expedite approval at this end.
I'll be in touch and thanks again for your attention to this and doing your homework.
Bill D.
From: Robert Balland[mailto:rballand(a)paramounte-eng,com]
Sent: Wednesday, August 08, 2012 10:59 AM
To: Diuguid, Bill
Cc: Randall, Mike; Bennett, Bradley; William B Fuller Jr (wbfulle 'r mail.com)
Subject: RE: Lot 1A Averitt Properties Site Plan Pkg
W
discussed the site with the Airport Director and he forwarded an e-mail to the Cumberland County Planning Director
stating that he is ok with the pond being a wet pond, please see the attached e-mail.
Also, it is my understanding that SB 229 means NCDENR cannot re uire the use of a retention/detention pond on
airport property and development within 5 miles of an airport shall not be required to use a retention/detention ponds.
The FAA document reads as follows: "5 statute miles if the attractant causes hazardous wildlife movement into or
across the approach or departure airspace." This subject site is not within any flight paths.
Please contact me with any questions you may have and please let me know if this e-mail is sufficient to continue the
review process.
Regards,
Robert P. Balland, P.E., LEED AP
PARAMOUNTE ENGINEERING, INC.
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
910-791-6707 (P)

910-791-6760 (F)
910-619-1186 (M)
2533 Raeford Road, Unit A
Fayetteville, NC 28305
910-263-8092 (P)
rballand@paramounte-eng-com
www.paramounte-eng.com
From: Diuguid, Bill[mailto:[e-mail]]
Sent: Wednesday, August 08, 2012 10:13 AM
To: Robert Balland
Cc: Randall, Mike; Bennett, Bradley
Subject: Lot 1A Averitt Properties Site Plan Pkg
Robert Balland:
I received your site plan yesterday and have begun a review.
note that you are proposing the use of a wetpond on this site.
NC Senate Bill 229, Session Law 2012-200 (attached) calls for the use of alternative BMPs instead of
wetponds within 5 miles of an airport due to the birds/wildfire issue. See Part VI, page 4.
As I understand it, this state law mirrors an FAA requirement prohibiting new wetponds close to airports.
This bill is a brand new law and NCDENR DWQ is still deciding how to implement this new law.
We think procedurally we are probably going to require the applicants within 5 miles of an airport to get a letter
from the airport approving the use of a wetpond on your development.
I have been asked to hold on processing your application until a decision can be made on the above procedure.
In the meantime, you may want to contact the airport and discuss this issue with them.
I will be in touch with you as soon as I know something from this end.
Bill Diuguid, A1CP
Staff Planner, Stormwater Permitting
Wetlands and Stormwater Branch
Division of Water Quality I NCDENR
1617 Mail Service Center (Mail)
512 N. Salisbury St, Raleigh, NC 27604 1 9th Floor (Location & Parcels)
Raleigh North Carolina 27699-1617
Phone: [phone] Fax: [phone]
Website: http: / /portal. ncdenr.org/web%wg/wslsu
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.

Diuguid, Bill
From: Patricia Speicher [[e-mail]]
Sent: Monday, July 16, 2012 3:01 PM
To: Robert Balland
Subject: FW:
Told you he was nice and would listen to reason!
From: Bradley Whited [mailto:[e-mail]]
Sent: Monday, July 16, 2012 2:51 PM
To: Patricia Speicher
Cc: Toney Coleman; Jeff Barnhill; Robert Balland
Subject: RE:
Patricia: I have spoken with Mr. Ballard, reference the Wet pond. While my preference is a dry pond, he did explain the
elevation and ground water level issues complicating the design process. Hopefully, this will be dry most of the time
even though it is a "wet" pond.
The commercial activity and heights of the proposed construction do not present issues for the Airport. Thank you.
Bradley S. Whited, A.A.E.
Airport Director
400 Airport Road, Suite #1
Fayetteville, NC 28306
Phone:[phone]
Fax: [phone]
www.flyfay.com
From: Patricia Speicher[maiIto: [e-mail]]
Sent: Monday, July 09, 2012 8:13 AM
To: Bradley Whited
Cc: [e-mail]; Edward Byrne; Jeff Barnhill
Subject: FW:
Hello Brad and good morning. Please see the engineering firm's comments below reference your concern about the
pond shown on the site plan for the Airport Rd project. His name is Rob Balland and if you wish to talk with him
concerning this, his contact info is the same as Chris' shown below — except for his email which is included.
Hope you have a great day!
Patti
From: Robert Balland [maiIto: [e-mail]]
Sent: Friday, July 06, 2012 6:07 PM
To: Patricia Speicher
Subject: FW:
I was wrong, the bill was passed. My interpretation of the bill is that NCDENR cannot require the use of wet ponds
within 5 miles of the runways. It is my understanding that the Airport has the discretion to determine where wet ponds
can be used on their property since they report to the FAA each year. I am not aware of any rules that gives the airport
the authority to determine what type of stormwater facilities are used off -site.

I will call you next week to discuss.
Have a nice weekend.
From: Chris Millis
Sent: Friday, July 06, 2012 3:57 PM
To: Robert Balland
Subject:
CHRIS MILLIS, PE
PAR MOUNTE
17 N rA - N IN U .4 1 N r.I. 1 N
PARAMOUNTE ENGINEERING, INC
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
OFFICE: [phone]
FAX: [phone]
www.l)aramounte-eng.com
All correspondence to and from this address may be subject to the N.C. Public Records Law and may be
disclosed to third parties.
All correspondence to and from this address may be subject to the N.C. Public Records Law and may be
disclosed to third parties.