SW6231205_Add Info Request_20240327

orarc STATE
Mnr o,u3
ROY COOPER �� A
Governor
ELIZABETH S.BISER
Secretary
WILLIAM E.TOBY VINSON,JR NORTH CAROLINA
Interim Director Environmental Quality
March 27, 2024
Morris & Ritchie Associates of NC, PC
Attn: Jeremy Keeny, PE, PLS
530 Hinton Pond Road, Suite 104
Knightdale, NC 27545
AND
Daniel W. Gardner Jr. & Jannet F. Gardner
4305 Old Buies Creek Road
Angier,NC 27501
AND
Kenneth D. Gardner& Debra A. Gardner
4144 Old Buies Creek Road
Angier,NC 27501
Subject: Request for Additional Information
Stormwater Permit No. SW6231205
Gardner Farms
Harnett County
Dear Mr. Keeny, Mr. & Mrs. Gardner, and Mr. & Mrs. Gardner:
The Division of Energy, Mineral and Land Resources (DEMLR), received a Stormwater
Management Permit Application for the subject project on December 29, 2023. A review of that
information has determined that the application is not complete. The following information is
needed to continue the stormwater review:
1. Please include the required vegetated setback from the existing on-site pond(surface
water) in the main set of plans in accordance with 15A NCAC 02H .1042(2)(g)(iii).
2. The provided drainage area map to the SCMs indicates that a portion of the existing on-
site pond is located within the SCM drainage area, which is not possible. Please revise
the drainage area map to accurately reflect the drainage area boundary to the SCMs. This
item is required per 15A NCAC 02H .1042(2)(g)(iv).
3. Please include the required SCM maintenance accesses and easements in the main set of
plans in accordance with 15A NCAC 02H .1042(2)(g)(vi) and General MDCs 8 & 9.
E Q�� North Carolina Department of Environmental Quality I Division of Energy,Mineral and Land Resources
512 North Salisbury Street 1 1612 Mail Service Center I Raleigh,North Carolina 27699-1612
NORTH CAROLJNA -
uepan ntm 919.707.9200

4. There appears to be a mismatch between the BUA information entered into the
Application/Supplement-EZ Forms and as shown in the calculations. For example, for
SCM#2, the BUA accounting as shown in the Application/Supplement-EZ Form
indicates 189,705 sf of BUA allocated to the individual lots, 21,040 sf of sidewalk BUA
and 57,368 sf of roadway BUA(189,705 sf+21,040 sf+ 57,368 sf=268,113 sf). The
calculations indicate a total of 333,421 sf of BUA within this drainage area. Please revise
as needed for consistency. NOTE: "Contingency"BUA, as shown in the calculations,
can be included in the Application/Supplement-EZ Form as "Future"BUA. NOTE: The
total BUA within the drainage area to the SCM should be able to be calculated from the
BUA information from the other BUA types as shown in the Application/Supplement-EZ
Form (for example, the total BUA should be the sum of all of the applicable types of
BUA shown on the form).
5. Please correct the following issues with the wet pond designs:
a. When calculating the volume of the main pool or forebay, the storage volume
provided in the sediment storage zone should not be included. For example, if the
excavated bottom of the main pool is at elevation 273.5' and the minimum 6"of
sediment storage is provided, the "bottom" of the main pool, for calculation purposes,
would be at elevation 274.0' since the"storage"provided between elevations 273.5'
and 274.0' is reserved for sediment storage (See guidance under MDC 3 in Part C-3
of the Manual). Please revise as needed.
b. Please clearly indicate the elevation of the top of the sediment storage zone in the
cross-sectional view of the wet ponds and ensure that the contours in the plan view
extend to the excavated bottom of the wet pond. This item is required per Wet Pond
MDC 3 and per 15A NCAC 02H .1042(2)(h)(i).
c. The provided stage-storage tables for the wet pond forebays do not go all the way up
to the permanent pool. For example, for Wet Pond#1, the forebay stage-storage table
maxes out at elevation 263.0' whereas the permanent pool surface elevation for Wet
Pond#1 is at elevation 263.5'. Please revise as needed.
d. Per the design, it is unclear if the drawdown orifices used will be 2.5" or 3.0"in
diameter. The notes on the outlet structure detail for each SCM reference both values.
Please revise as needed.
e. Wet Pond#1 —Plan sheet D4.2 indicates the "total plantings provided is 1,000"
which is less than the minimum number of plants required per Wet Pond MDC 1 lb
(and less than the number that are shown to be provided). Please revise as needed.
f. As designed, the wet ponds appear to short-circuit. Short-circuiting is prohibited per
Wet Pond MDC 4. Please increase the flow length between the inlets and outlets to
better utilize the wet ponds. If berms or baffles will be added to increase the flow
path, they must extent to at least the temporary pool surface elevation. Please revise
as needed.

6. Please correct the following issues with the Supplement-EZ Form:
a. Cover Page:
i. Line 2—This value should correspond to Section IV, 7 of the Application(it
should not include the on-site surface water areas).
ii. Line 3 —Pleas include all of the on-site surface areas. This value should
correspond to Section IV, 6 of the Application.
iii. Line 7—Please refer to 15A NCAC 02H .1017(10) for this value. Please revise the
plans as needed to ensure that the minimum required vegetated setback from
surface waters is being provided.
b. Drainage Area Page:
i. Entire Site Column:
1. Please note that the entire site column is an accounting of the entire project
area, not necessarily a sum of the other provided columns. All of the on-site
BUA, whether it drains to an SCM or not, should be included in this column
and, typically, there are no off-site components to this column (since off-site
areas are not part of the project area).
2. Please note that Lines 19-21 are not required for this column.
3. The total amount of BUA allocated to the individual lots (Line 9) does not
correspond to the total amount of BUA allocated to the individual lots as
shown in the Deed Restriction Form. Please revise as needed.
ii. SCM Drainage Area Columns:
1. DA 1 —Per 15A NCAC 02H .1003(3)(b), any off-site areas that are not
bypassed around the SCM must be accounted for at their full build-out
potential. Full build-out potential is determined by having the property owners
enter into a legal agreement limiting the amount of drainage area and BUA
draining from the off-site area to the SCM, or by assuming that the off-site area
is 100%BUA, its full build-out potential. Please revise as needed.
2. DA 2, Line 20—The design volume of a wet pond is the volume that can be
stored between the permanent pool surface elevation and the invert of the
lowest bypass device. Per the plans, the lowest bypass device is the weir with
invert of 280.5'. Please revise as needed.
3. General—Please ensure that all of the new BUA is fully accounted for(there is
more BUA shown on Line 8 than is shown in all of the other lines combined).
Please revise as needed.
c. Wet Pond Page:
i. Wet Pond 1:
1. Line 6—Per the plans, there appears to be an engineered side slope (headwall)
near the SCM outlet.
2. Line 55 —Please indicate that this SCM has two drawdown orifices. NOTE: It
is recommended to include one larger drawdown orifice as opposed to two
smaller drawdown orifices.
ii. Wet Pond 2:

1. Line 2—The provided value, 9,010 cf, does not appear to be correct. Please
revise as needed. The minimum required treatment volume is calculated based
on the drainage area to the SCM and the design storm depth using either the
Simple or Discrete NRCS Curve Number Method.
2. Line 26—The provided value, 22,267 sf, does not correspond to the value
shown on the stage-storage table, 26,098 sf. Please revise as needed.
3. Line 35 — See earlier comment with regard to the design volume of the SCM.
4. Line 40— See earlier comment with regard to the design volume of the SCM,
Since the design volume is changing, the drawdown calculations will need to
be revised.
iii. General:
1. Line 8 —This item is required per General MDC 5.
2. Line 20—Per the plans, the lowest excavated bottom elevation of the main
pool for Wet Pond 1 is 257.5' and for Wet Pond 2 is 273.5'. Please revise as
needed.
3. Line 21 —Please indicate the top of the sediment storage zone on the cross-
sectional view of the SCMs. NOTE: The top of the sediment storage zone
(Line 21)must be at a higher elevation than the bottom of the sediment storage
zone (Line 20) and must be at least 6"higher(per Wet Pond MDC 3).
4. Line 25 — See earlier comment with regard to the design volume of the SCM.
The temporary pool surface elevation is determined by the invert of the lowest
bypass device.
5. Line 27— See earlier comment with regard to the sediment storage zone and
excluding it from the main pool volume.
6. Line 28 —revise this calculation per the prior comment.
7. Line 32— See earlier comment with regard to the sediment storage zone and
excluding it from the forebay volume.
8. Line 34—The cleanout depth of the forebay is the distance from the permanent
pool surface elevation to the top of the sediment storage zone.
9. Line 37— See earlier comment with regard to the orifice diameter. Decimal
values cannot be entered into this cell so if the orifice diameter is 2.5",please
indicate this information in the additional information section(Line 55).
10. Line 42—Berms and baffles provided to increase the flow length through the
wet pond must extend up to at least the temporary pool surface elevation.
11. Lines 43 & 44—The depth of the forebay is measured from the permanent pool
to the excavated bottom of the forebay near either the entrance or exit. Per Wet
Pond MDC 5b, the bottom of the forebay near the entrance must be deeper than
the bottom of the forebay near the exit and per Wet Pond MDC 3, there must
be at least 6" of sediment storage provided above the bottom of the forebay
(near the exit). See Figure 5 in Part C-3 of the Manual for more information.
12. Line 48 —Per the detail, there is a downward curved elbow, the purpose of
which is to drawdown from below the permanent pool elevation.
13. Line 53 — Specify the type of turfgrass that will be planted on the dam and
embankments on this form and on the plans.

7. Please provide a Response to Comments letter indicating, in a point-by-point manner,
how each of the above comments has been addressed. This item is required per 15A
NCAC 02H .1042(3)(b).
8. When uploading electronic files to the portal (at the following address:
https:,Iledocs.deq.nc.gov/Forms/SW-Sul2plemental-Upload)please ensure that the
plan sheets are separated out by type, as indicated on the form, instead of uploading the
entire plan set as a single file. The form automatically renames the uploaded files based
on the file type selected and the form has a difficult processing large files. Please upload
the plan sheets by type in future submissions.
9. Provide PDFs of all revisions, 2 hardcopies of revised plan sheets, 1 hardcopy of other
documents, and a response to comments letter briefly describing how the comments have
been addressed.
a. PDFs must be uploaded using the form at:
https:Iledocs.deq.nc.gov/FormsISW-Sul2plemental-Upload
b. Hard copies must be mailed or delivered to the following address:
i. For FedEx/UPS:
Jim Farkas
512 N. Salisbury Street, Office 640M
Raleigh,NC 27604
ii. For USPS:
Jim Farkas
1612 Mail Service Center
Raleigh,NC 27699-1612
iii. 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 uackne in the foyer with the security ward.
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.
While it is not required, it is recommended that the off-site drainage from upstream properties be
diverted around the SCM since the Applicant cannot maintain control over the development of
property that they do not own. If the Applicant elects to account for off-site drainage, it must
either be accounted for as 100%BUA (its full build out potential, or there must be a recorded
legal agreement in place between the Applicant and the Owner of the upstream property in which
the Owner of the upstream property agrees to record a deed restriction limiting the
minimum/maximum amount of BUA on the upstream property that will be treated in the
Applicant's SCM, the locations and sizes of access and drainage easements, how construction
and/or ongoing maintenance costs will be handled, maintenance responsibility, a list of legal
recourses available to each party should one party fail to hold up their end of the agreement, and
any other related legal issues.

To ensure a fair, timely, and transparent review process, any disagreement with provided
comments will need to be addressed in writing as part of the requested information resubmission,
within the required resubmittal window. The merits of the disagreement will be reviewed during
the next scheduled technical review and, if applicable, will be addressed in further requests for
additional information. If the resolution provided by the reviewer is found to be unsatisfactory,
the applicant can agree in writing to a longer review period, during which the dispute will be
brought to the technical review committee and a final determination will be made.
Due to staffing limitations and to ensure an efficient project review, requests for individual
meetings to discuss provided comments are decided at the discretion of the reviewer. We
encourage you to carefully review the written feedback provided and the applicable rules. The
NCDEQ Stormwater Design Manual provides additional insight into design criteria. Any
questions or further requests for clarification should be submitted in writing in the requested
information resubmission, within the required resubmittal window. We appreciate your
understanding and cooperation in this streamlined process.
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 April 26,2024, or the
application will be returned as incomplete. The return of a project will necessitate resubmittal
of all required items, including the application fee. Please reference the State assigned project
number SW6231205 on all correspondence.
If you need additional time to submit the information,please submit your request for a time
extension to the Division at the contact below. 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.
If you have any questions concerning this matter please feel free to contact me at
postconstructiongdeq.nc.gov or(919) 707-3646.
Sincerely,
Jim Farkas
State Stormwater Engineer
DEMLR Post-Construction Stormwater Program
cc: Fayetteville Regional Office