SW4240503_Response To Comments_20240913

4-‘1 LAND RESOURCE MANAGEMENT
Land Evaluation by Land Experts
P.O. BOX 9251 , ASHEVILLE, NC 28815 II 828-900-8700 II WWW.LANDRM.COM
September 6, 2024
Jacob Beeker
Environmental Engineer
North Carolina Department of Environmental Quality
Regarding: Wilderness Reserve PH 3 Storm Water Permit SW4240503
Mr. Beeker,
Land Resource Management, PLLC (LRM) appreciates NCDEMLR's review of project SW4240503,
Wilderness Reserve Phase 3.The following letter is in response to the comment letter received Monday
August 26th, 2024 along with the following email correspondence received regarding this project.
Narrative:
The subject property discharges to two surface waters. Stormwater runoff from this project that drains
to the East discharges to Wild Cat Creek which is not an ORW Water. Runoff to the West discharges into
Elk Creek which is classified as ORW. Since there are no local stormwater programs for the water to the
East, only runoff to ORW Waters is included in this submission.
To meet NCDEQ requirements for stormwater runoff to ORW Waters, low density methodologies have
been followed. It is our understanding that projects must not exceed 12% BUA when discharging to
ORW Waters and we are proposing 6.4%. Because of the nature of development, approximately 80%of
the Site will remain undisturbed and there are no grassed lawns.Typically, homes are accessed from the
road off an approximately 20' ledge with the back part of the homes being 20 to 30 above natural grade.
Additional Low Density Requirements include 3:1 side slopes for swales and in most cases liners to
ensure stability in the 10-year storm event. All grassed swales discharge to rip-rap pads.
There are 20 complete lots that have runoff to ORW Waters. Each lot will contain less than 5000 square
feet BUA.The only other source of BUA is the access road. Within the ORW, all pipes have been
removed except for driveway culverts.
LRM's response's to the comment letter are below:
1. This project, as designed, does not meet all of the requirements for a low-density development
(Section II,2).Specifically, 15A NCAC 2H.1003(2)(c), requires that, "Storm water that cannot be
released as dispersed flow shall be transported by vegetated conveyance..."Since this project is
incorporating a piped conveyance system, it does not qualify as low-density. This issue can be
resolved by redesigning the project to be compliant with all aspects of the low-density

requirements(Found in Part E-1 of the Storm water Design Manual)or changing the application
and providing the additional information needed for a high-density project.
All requirements for Low Density Development have been met for runoff draining to ORW waters.
Portions of the site requiring road culverts do not drain to the ORW. Please see ORW delineation in
resubmission.
2. Per 15A NCAC 02H.1003(2)(c)(i), Side slopes shall be no steeper than 3:1 (horizontal to
vertical)unless it is demonstrated to the permitting authority that the soils and vegetation will remain
stable in perpetuity based on engineering calculations and on-site soil investigation. Please revise
project package as necessary.
The side slopes have been redesign to utilize 3 : 1 and a 1 'swale bottom.
3. The provided Supplement-EZ form is out of date and therefore incomplete. Please complete and
submit the most current version of the Supplement-EZ form (found at
https://www.deq.nc.gov/energy-mineral-and-land-resources/storm water/state-sw-
supplemental forms/supplement-ez form/download)for review. Subsequent comments regarding
the Supplement-EZ will be made in the context of the submitted form.
Updated Supplemental— EZ is included in the resubmittal package.
4. Consistency
Please revise the following for consistency:
a. The amount of BUA allotted for this project is inconsistent between the Deed Restrictions provided
and the rest of the package. If less BUA will be permitted than is listed on the Deed Restrictions, then
the Deed Restrictions will need to be updated to reflect that. Deed restrictions and protective
covenants are required to ensure the project will be maintained in perpetuity consistent with the
approved plans and specifications.A table can be provided with the Deed Restrictions listing the
amount of BUA given to each lot if it differs from lot to lot.Alternatively, the project package may be
revised to reflect the total amount of BUA allotted by the Deed Restrictions if the full 5,000 sf of BUA
listed on the Deed Restrictions is being allotted to each lot. Please revise project package as necessary.
The previous set did not include a visible ORW line indicating which lots were included in the BUA.This
has been revised.
5. Application a. Section Ill, 1.a—Please indicate Ms.Ann Marie Wilson's title as shown in the LLC
report.
Corrected in the application, Manager has been added as her title
b. This project seems to drain to two receiving streams(Wildcat Creek and Elk Creek),please revise the
Application Section IV, 10 table and Supplement-EZ to reflect the drainage areas within the project
area to each stream.
The previous set did not include a legible ORW line indicating which lots were included in the BUA.This
has been revised. Only runoff to ORW Waters is to be permitted in this submission. Elk Creek is ORW
waters, but not Wild Cat.This was how we were instructed for Wilderness Reserve Phase 2.

6. Supplement-EZ
NOTE: These comments will pertain to the Supplement that was submitted. See Comment 3.
a. Cover Page i. Lines 7&8—Per 15A NCAC 02H.1017(10),provided vegetated setbacks shall be
at least 30 feet in width. While no surface waters are associated with this project, and
therefore no vegetated setbacks,please fill in as 30 if the property owner is not in control of
all>100 feet of vegetated setbacks listed here. Line 8 may be filled in as "N/A"to indicate the
absence of surface waters.
'hic h ,c he c n revived as directed.
b. Drainage Areas Page
i. Lines 3 and 4—Please revise as necessary to indicate project density and
number of drainage areas.
This has been revised, see updated submission.
ii. Line 5—If no vested rights are being claimed, this section should indicate so.
Revise as necessary.
This has been revised, see updated submission.
c. Low Density Page
i. Lines 2 and 3—See Comment 1.
This has been revised, see updated submission
ii. Line 4—Revise as necessary,per Comment 2.
This has been revised, see updated submission
iii. Line 11 —This line refers to 15A NCAC 02H.1003(2)(d)(vi). If curb outlet swales are not
proposed at this time,please revise this line as necessary.
This has been revised, see updated submission
iv. Swale Table
1.The Vallow column refers to the maximum non-erosive velocity of the permanent
conditions of each swale. Please revise to ensure the permanent conditions are reflected.
2. Swale 10—The V actual calculated for this swale appears to be an error. Please revise if so,
and update Line 5 accordingly.
This has been revised, see updated submission.
7. Plans a. Per 15A NCAC 02H .1042(2)(g)(iv),drainage areas must be delineated on the main set of
plans. Please provide 2 copies of a signed, sealed, and dated drainage area map supporting the
identified drainage areas and associated built-upon areas presented in the application documents.
b. Please clearly delineate the drainage area to each swale on the main set of plans, as required
by 15A NCAC 02H .1042(2)(g)(iv).
See Plans

c. Please provide a cross-section of the proposed swales on the main set of plans,as required by
15A NCAC 02H .1042(2)(h)(ii)
See Plans
Some plan sheets do not contain a north arrow that points north. Please revise as required by
Section VI, 8e of the Application.
See Plans
d. Every swale installed for this project shall be made accessible for maintenance and repair.
Please identify the maintenance access routes and easements as well as the utility and
drainage easements on the plans, if necessary.These shall have a minimum width of 10 feet,
slopes that do not exceed 3:1, and extend to the nearest public right-of-way.These easements
shall be granted in favor of the party responsible for operating and maintaining the SCMs.This
is required per 15A NCAC 02H .1042(2)(g)(vi), .1042(2)(I), .1050(8), and .1050(9).
All swales are located within the right of way of the road and are accessible for maintenance and
repair.
8. O&M Agreement a. If the project requires revision to be a high-density project,the O&M
Agreement will need to be updated to reflect this.
This is a low density submissior
9. Calculations
a.The rainfall intensity used does not seem to correspond to the 10-year storm, as
defined by 15A NCAC 02H .1002(50). Please revise as necessary. In cases where the time
of concentration would be less than five minutes, a value of five minutes may be used.
This has been revised see uprlatPri submission
b. Please only include swale information for the permanent condition. The stabilization
matting (NAG SC 250) seems to be a temporary erosion control measure, with vegetation
as the permanent condition. Revise package, including pertinent calculations, accordingly.
NAG SC 250 is more than just a temporary measure as it provides continued stabilization due to
the lasting effect of the UV stabilized polypropylene thread that forms permanent three-
dimensional turf reinforcement matting
c.There appears to be an error with the calculations associated with Swale 10. If these
values are intentional, no revision is needed.
i his has been revised, see updated submission.
Thank You,
Greg Gotsch, PLA
Director of Planning and Design
Land Resource Management, PLLC