HomeMy WebLinkAboutSW6220101_Email_20231101 (2)
Peck, Kaitlin
From:Farkas, Jim J
Sent:Wednesday, November 1, 2023 4:04 PM
To:Scott Brown
Subject:RE: \[External\] RE: SW6220101; Creekside Oaks South Minor Modification (formerly
Woodshire Subdivision Phase 7)
The way that the permits are wri?en for a project with a developer that does not own the property, the property owner
is kind of like a “backup permi?ee”, they are responsible for recording deed restric?ons on the property prior to
subdivision (as this is something that only a property owner can do) and they “inherit” the permit if something happens
to the developer (the development agreement falls through, the developer goes out of business, etc…). Day-to-day
responsibility for the permit stays with the developer un?l they are done developing the site (or if something happens to
the developer). If the property owner weren’t listed on the permit and something were to happen to the developer,
we’d get into a situa?on where nobody is responsible for the permit (there always needs to be somebody responsible
for the permit so the property owner is always ?ed to the permit in some manner).
If the developer is listed as a developer (someone developing the property on behalf of the property owner) in the
applica?on and not as a purchaser (someone who will buy the property and inherit responsibility for it), a transfer
applica?on is required if the property changes hands. If the applicant is listed as a purchaser in the applica?on, the
permit is wri?en so that a transfer is not required once the applicant purchases the property (As one of the permi?ng
condi?ons, the applicant is required to provide us a copy of the new property deed once the property is purchased and
receiving this effec?vely takes the old property owner off of the permit).
-Jim
From: Scott Brown <sbrown@4dsitesolutions.com>
Sent: Wednesday, November 1, 2023 1:44 PM
To: Farkas, Jim J <Jim.Farkas@deq.nc.gov>
Subject: RE: \[External\] RE: SW6220101; Creekside Oaks South Minor Modification (formerly Woodshire Subdivision
Phase 7)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
How can the landowner be a permi?ee and be held responsible for the storm water measures? The land owner is giving
permission to the applicant to submit the applica?on and install the measures. Most developers don’t own the land at
the ?me the permits are submi?ed. The land transfer comes later. Are you saying that every project where the
developer purchases the land a?er the permit is issued has to do a permi?ee transfer document?
Scott Brown, PE | Professional Engineer
office: 910-426-6777 | ext 102 | cell: 910-489-6731 | fax: 910-426-5777
On time, every time. | www.4Dsitesolutions.com
From: Farkas, Jim J <Jim.Farkas@deq.nc.gov>
Sent: Wednesday, November 1, 2023 1:09 PM
To: Scott Brown <sbrown@4dsitesolutions.com>; svc_post_construction_stormwater <postconstruction@deq.nc.gov>
Cc: watson@cavinessandcates.com
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Subject: RE: \[External\] RE: SW6220101; Creekside Oaks South Minor Modification (formerly Woodshire Subdivision
Phase 7)
Both the developer and property owner are listed as permi?ees on the permit. The developer is the main permi?ee, but
the property owner is also a permi?ee (if the development agreement is dissolved, the permit reverts to the property
owner and the property owner is responsible for recording deed restric?ons). If the property is transferred from one
en?ty to another, the permit doesn’t automa?cally transfer with the sale. As it currently stands, an en?ty that has no
stake or interest in the permi?ed project area is a?ached to the permit and is legally responsible for mee?ng the
permi?ng condi?ons (which they are unable to meet since they no longer have an interest in the property). We require
the permit to be transferred in order to prevent this from happening/fix this if it does happen.
-Jim
From: Scott Brown <sbrown@4dsitesolutions.com>
Sent: Wednesday, November 1, 2023 12:50 PM
To: svc_post_construction_stormwater <postconstruction@deq.nc.gov>; Farkas, Jim J <Jim.Farkas@deq.nc.gov>
Cc: watson@cavinessandcates.com
Subject: \[External\] RE: SW6220101; Creekside Oaks South Minor Modification (formerly Woodshire Subdivision Phase 7)
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
The property was transferred but the permi?ee is s?ll Caviness Land, LLC. The permi?ee didn’t change. Do we s?ll need
to complete the permit transfer document? It seems like it isn’t needed.
Scott Brown, PE | Professional Engineer
office: 910-426-6777 | ext 102 | cell: 910-489-6731 | fax: 910-426-5777
On time, every time. | www.4Dsitesolutions.com
From: svc_post_construction_stormwater <postconstruction@deq.nc.gov>
Sent: Tuesday, October 10, 2023 9:03 AM
To: Scott Brown <sbrown@4dsitesolutions.com>
Cc: watson@cavinessandcates.com
Subject: RE: SW6220101; Creekside Oaks South Minor Modification (formerly Woodshire Subdivision Phase 7)
Sco?,
I was looking over the addi?onal informa?on you provided on 7/14/23. Everything looks good except for a few small
issues:
Please correct the following:
- Wet Pond MDC 3 – Please ensure that there is at least 6 inches of sediment storage provided in the forebay near
the forebay exit. Per the plans and submi?al documents, there appears to be zero inches of sediment storage
provided (see a?ached comparison to the previously approved design). Please revise as needed.
- Please address the following issues with the Wet Pond Page of the Supplement-EZ Form:
o Line 25 – The temporary pool eleva?on is determined by the invert of the lowest bypass device (weir at
eleva?on 289.4’ per plan sheet C-6.2). Please revise.
o Line 35 – The design volume is based on the temporary pool (see prior comment). Please revise.
o Line 44 – See Wet Pond MDC 3 comment. Please revise.
- Please revise the temporary pool eleva?on on the O&M Agreement form (see earlier comment).
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- Please revise the drawdown calcula?ons to take the revised temporary pool surface eleva?on and design
volume into account.
- While design volumes in excess of the minimum required treatment volume are acceptable, the pond and
drawdown orifice should be configured in such a manner that allows both the minimum required treatment
volume and design volume to be drawn down within the s?pulated 2-5 day window per Wet Pond MDC 7. This
isn’t strictly specified in the rules, but it does prevent wet ponds from being too oversized for their drainage
area. It is recommended to slightly reduce the size of the drawdown orifice or reconfigure the bypass weir in the
outlet structure for the wet pond to allow the minimum required treatment volume and design volume to
drawdown within the 2-5 day window (a 3.0” diameter drawdown orifice appears to accomplish this objec?ve).
Please revise as needed.
- In accordance with G.S. 143-214.7(c5)(1b), the Division is requiring that a permit transfer applica?on be
submi?ed for this project within 90 calendar days since the property has been sold (see a?ached deed). Please
also see permi?ng condi?on 14.
Please provide the following:
- 2x hard copies & 1x electronic copy of the revised plan sheets.
- 1x hard copy & 1x electronic copy of the revised page of the Supplement-EZ Form.
- 1x hard copy & 1x electronic copy of the revised page of the O&M Agreement Form.
- 1x hard copy & 1x electronic copy of the revised pages of the calcula?ons.
- 1x hard copy & 1x electronic copy of any other items needed to address these 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 loca?on:
h?ps://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 s?ll in order), we can issue the
permit without doing another formal review. The quickness of the next review for this project is dependent on reviewer
availability.
Let me know if you have any ques?ons.
Thanks,
Jim Farkas
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Post-Construc?on Stormwater Permi?ng Group
North Carolina Department of Environmental Quality
postconstruc?on@deq.nc.gov
From: Peck, Kaitlin <kaitlin.peck@deq.nc.gov>
Sent: Tuesday, July 18, 2023 2:25 PM
To: watson@cavinessandcates.com; Scott Brown <sbrown@4dsitesolutions.com>
Cc: Farkas, Jim J <Jim.Farkas@deq.nc.gov>; Joyner, Melissa <melissa.joyner@deq.nc.gov>
Subject: SW6220101; Creekside Oaks South Minor Modification
Good A?ernoon,
We received your post-construc?on stormwater permit minor modifica?on applica?on for the subject project on
7/14/23. Reviews under the Standard permi?ng process can take up to 90 calendar days to complete. You can see
where this project stands in the review queue by emailing Jim Farkas (He has an autoreply set up that has the review
queue on it). 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.
h?ps://edocs.deq.nc.gov/Forms/SW-Supplemental-Upload
IMPORTANT NOTE: Please ensure that each file is uploaded under its appropriate file type. Addi?onal file types can be
entered into the electronic form by clicking on the “Add Another Post-Construc?on File Upload” link directly below the
“State Stormwater Informa?on Uploads” sec?on of the form. YOU MUST CLICK ON THE “ADD ANOTHER POST-
CONSTRUCTION FILE UPLOAD” TO ADD ADDITIONAL FILE TYPES TO THE SUBMISSION. Merely changing the file type
dropdown as you upload the various files (without adding addi?onal file uploads) will upload all of the files as the last
file type selected, the submission will get flagged during review, and you will need to resubmit the files. Please do not
upload en?re plan sets through this form, but rather upload the relevant individual sheets under the appropriate file
type. Selec?ng the correct file type ensures that the files are properly named in the electronic repository and it helps
expedite the review process. NOTE: We do not require and we discourage the upload/submission of extraneous plan
sheets (such as ligh?ng plans, u?lity plans, striping plans, sight distance plans, etc…) as these files are not needed for
review.
Please type in permit #: SW6220101
This project will be reviewed by Jim Farkas, if you have any ques?ons, please contact them at jim.farkas@deq.nc.gov or
at 919-707-3646.
Thank you,
Kaitlin Peck
Environmental Specialist
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North Carolina Department of Environmental Quality
Office: (919) 707-9209
Kaitlin.peck@deq.nc.gov
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized
state official.
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